Presenters:
Gene McCarty
Julie Horsley
Ann Bright

I. Executive Summary: This
item seeks adoption of proposed
rulemaking related to the
rule review of 31 TAC Chapter
53 (Finance), required by
Government Code §2001.039,
as well as other amendments
to the chapter to incorporate
items proposed as part of
the license fee restructuring
effort.

II. Discussion: Government
Code, §2001.039 directs
each state agency to perform
a review of regulations
not less than every four
years and to either readopt,
amend or repeal each rule,
provided that the agency
has not acted on the rule
in the interim. In December
of 2003, the Department
published in the Texas Register
a Notice of Plan to Review
in which the agency outlined
a proposed schedule for
undertaking the required
review. The Department subsequently
published a Notice of Intent
to Review Chapter 53 in
the Texas Register (29 TexReg
2388). In addition, at the
January 2004 meeting the
Commission authorized publication
of proposed amendments in
the Texas Register for public
comment. The proposal appeared
in the March 5, 2004 issue
of the Texas Register (29
TexReg 2204).

The required review has
resulted in the proposed
repeal of all sections in
Chapter 53, the majority
of which are either subsequently
(1) proposed for readoption
in Chapter 53 with amendments
reflecting housekeeping
type changes aimed at clarification,
consistency, and consolidation
of fee and related information;
or (2) proposed for readoption
in Chapter 51, Executive,
with amendments. The regulations
proposed for readoption
are retained on the basis
of continuing need and the
determination that the reasons
for their existence continue.
A number of sections are
permanently repealed. The
regulations proposed for
repeal are either redundant
of existing state law or
unnecessary. Other proposed
amendments incorporated
into Chapter 53 include:
(1) license restructuring
and changes to reflect provisions
of House Bill 1989, enacted
in 2003 by the 78th Texas
Legislature (relating to
creation of the freshwater
fishing stamp); (2) fee
changes for selected licenses
and items; and (3) addition
of facility use and rental
fees for selected facilities.

Among the sections proposed
for repeal in Chapter 53
and adoption in Chapter
51 are the sections addressing
the disclosure of customer
information, as required
by Texas Parks and Wildlife
Code, §11.030(c). The
proposed new sections define
the types of customer information
maintained by the department
and set forth the department’s
policy regarding disclosure
of such information.

Staff will provide a summary
of public comment at the
time of the hearing.

Subchapter H. Marine Safety
Enforcement - Training and
Certification Fees
§53.60. Law Enforcement
Training and Certification
Fees.NOTE: The contents of this
subchapter are proposed
for rule action elsewhere
in this issue.

Subchapter I. Protest Procedures
for Vendors
§53.70. Vendor Protest
Procedure.NOTE: The contents of this
subchapter are proposed
for rule action elsewhere
in this issue.

Subchapter J. Exemptions
for Disabled Veterans
§53.90. Exemptions from
Stamp Fees.NOTE: The contents of this
subchapter are proposed
for rule action elsewhere
in this issue.

Subchapter K. License
Standards
§53.100. License Format
and Legibility. NOTE: The contents of this
subchapter are proposed
for rule action elsewhere
in this issue.

The Commission will accept
comments for 30 days following
the publication of this
notice in the Texas Register
as to whether the reasons
for adopting the sections
under review continue to
exist and to determine whether
the rules reflect current
legal, policy, and procedural
considerations. Final consideration
of this rules review is
scheduled for the Parks
and Wildlife Commission
on April 8, 2004.

Any questions or written
comments pertaining to this
notice of intention to review
should be directed to Gene
McCarty, Chief of Staff,
Texas Parks and Wildlife
Department, 4200 Smith School
Road, Austin, TX , 78744.
Any proposed changes to
rules as a result of the
review will be published
in the Proposed Rules Section
of the Texas Register and
will be open for an additional
30-day public comment period
prior to final adoption
or repeal of the Commission.

Chapter
53 Restructuring
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife
Department proposes the
repeal of §§53.1-53.18,
53.22, 53.25, 53.35, 53.41,
53.50, 53.60, 53.70, 53.90,
53.100, and 53.200-53.206,
and new §§53.1-53.16,
53.30, 53.50, 53.60, 53.70,
53.80, 53.90, 53.100, 53.110,
and 53.120, concerning the
department’s rules
governing fees. For the
most part, the proposed
rule actions are nonsubstantive
in nature and represent
an overhaul of the structure
of Chapter 53; however,
the proposed new sections
also implement a small number
of fees, fee increases,
and restructured licenses
as noted. The repeals and
new sections are necessary
to reorganize the chapter
as legislative, regulatory,
and policy actions over
the last 10 years have created
the need to regroup various
licenses and permits according
to similarities of type
and use so as to make reference
and utilization easier.
The repeals of §§53.1-53.8,
53.10-53.17, 53.25, 53.41,
53.50, 53.60, 53.90, 53.100,
and 53.200-53.206 are necessary
to allow the designation
of new sections addressing
the same subject material.
The repeals of §§53.9,
concerning Investment of
Lifetime License Endowment
Fund, 53.35, concerning
Selling Price of Department
Information, and 53.70,
concerning Protest Procedures
for Vendors, are necessary
to remove those sections
from Chapter 53 (Finance)
and place them in Chapter
51 (Executive), where they
more properly belong. The
repeal of §53.18, concerning
Vessel Registration Agents
and Surety Bonds, and §53.22,
concerning License Deputy
Appointment and Cancellation
Procedures, are necessary
because the subject material
of the sections can be addressed
by department policy and
procedure and are therefore
unnecessary in rule.

New §53.1, concerning
Applicability, establishes
Chapter 53 as the sole repository
for the department’s
regulations prescribing
fees, except for those fees
contained in Chapter 59,
concerning Parks, and Chapter
69, Subchapter H, concerning
Issuance of Marl, Sand,
and Gravel Permits. References
in other chapters to fee
amounts will be removed
in other rulemakings. The
proposed new section is
necessary to prevent conflicts
with provisions in other
chapters.

New §53.2, concerning
License Issuance Procedures,
Fees, Possession, and Exemption
Rules, is identical to the
current §53.1, except
for nonsubstantive changes.
Current subsection (a)(1),
which prohibits the hunting
of deer and turkey without
a license, has been removed
because that provision is
established by statute in
Parks and Wildlife Code,
Chapter 42, and is therefore
unnecessary in regulation.
The grammatical structure
of current subsections (a)(2)
and (b)(1) has been modified
to create an affirmative
sense (i.e., ‘a person
may, if…,’ replacing ‘no
person may, unless’)
to effect a clearer expression
of the conditions under
which a person may hunt
or fish without being in
physical possession of a
license. Current subsection
(b)(2) (regarding retention
of red drum) has been modified
to clarify that it applies
to red drum caught in coastal
waters and that a person
must have a saltwater sportfishing
stamp, and current subsection
(d)(5) is removed because
that provision is established
by statute in Parks and
Wildlife Code, Chapter 46,
and is therefore unnecessary
in regulation

New section §53.3,
concerning Combination Hunting
and Fishing Licenses and
Packages, is substantively
identical to the current §53.2,
except for changes as noted.
Language has been added
establishing that the items
included in combination
packages shall be priced
at a discounted rate. The
provisions of current §53.2
(a) (establishing fees for
combination hunting and
fishing licenses) has been
restructured in the proposed
new section to establish
combination hunting and
fishing licenses packages
for freshwater fishing,
saltwater fishing, and all
water fishing. The changes
are intended to minimize
customer confusion regarding
addition of the new freshwater
fishing stamp requirements
and to maximize customer
convenience. The proposed
new section establishes
a new resident combination
hunting and freshwater fishing
package ($47), resident
combination hunting and
saltwater fishing package
($52), resident combination
hunting and “all water” fishing
package ($57), resident
senior combination hunting
and freshwater fishing package
($15), resident senior combination
hunting and saltwater fishing
package ($20) and resident
senior combination hunting
and all water fishing package
($25). The fees for these
packages consist of the
current license cost plus
(1) the cost of the new
freshwater fishing stamp
($5), mandated under provisions
of House Bill 1989, 78th
Legislative Session, for
the freshwater packages;
(2) the cost of the current
saltwater fishing stamp
and surcharge ($10) for
saltwater fishing packages;
and (3) the cost of both
the new freshwater fishing
stamp and the current saltwater
fishing stamp for all water
fishing packages. Current
subsection §53.2 (a)
(3) (establishing the fee
for the lifetime resident
combination hunting and
fishing license) has been
removed and relocated to
proposed new §53.4,
concerning Lifetime Licenses.
The provisions of current §53.2
(b) (establishing fees for
combination license packages)
also have been restructured
to establish resident and
resident senior super combination
hunting and fishing license
packages that incorporate
the freshwater fishing stamp.
The proposed new section
establishes a resident super
combination hunting and
all water fishing package
($64) and a new resident
senior super combination
hunting and all water fishing
package ($30). The super
combination packages do
not include references to
the muzzleloader and freshwater
trout stamps, but include
the new freshwater fishing
stamp, all of which is mandated
under provisions of H.B.
1989, enacted by the 78th
Texas Legislature, and contains
a reference to the red drum
tag for clarification purposes.
The fees for these packages
were determined by incorporating
the new $5 freshwater fishing
stamp fee and by applying
a discounted rate of 73.6%
of the value of each individual
item (licenses and stamps)
available in the new packages.
The proposed new section
also incorporates a resident
disabled veteran super combination
hunting and all water package
($0), relocated from current §53.90
(which is proposed for repeal
in this rulemaking), does
not include references to
the muzzleloader and freshwater
trout stamps, contains provisions
relative to the new freshwater
fishing stamp mandated by
H.B. 1989; and includes
a reference to the red drum
tag for the purpose of clarification.
The proposed new section
retains the fee for replacement
of combination packages
at $10, with modifications
to clarify that the cost
of replacement super combination
packages is also $10, and
provides that there is no
charge for replacement of
a disabled veteran super
combination hunting and
all water fishing package.

New §53.4, concerning
Lifetime Licenses, consolidates
provisions concerning the
lifetime hunting license
(from current §53.3),
the lifetime fishing license
(from current §53.3),
and the lifetime resident
combination hunting and
fishing license (from current §53.2)
into a single section dealing
with lifetime licenses.
The new section also includes
the fee for the upgrade
of a lifetime fishing or
hunting license to a lifetime
combination license, and
the fee for replacing a
lifetime license of any
type. The remaining contents
of current §53.3 are
being relocated to other
proposed new sections as
noted.

New §53.5, concerning
Recreational Hunting Licenses,
Stamps, and Tags, is substantively
identical to the provisions
of current §53.3(a)
and (b), except that: current
subsection (a)(2) (establishing
the fee for the lifetime
hunting license) is eliminated
because that provision is
relocated to proposed new §53.4,
concerning Lifetime Licenses;
current subsection (a)(3)
is reworded for the sake
of clarity; and current
subsection (b)(5) (establishing
a fee for the muzzleloader
stamp) is removed because
the muzzleloader stamp was
eliminated by legislative
action.

Proposed new §53.6,
concerning Recreational
Fishing Licenses, Stamps
and Tags, establishes new
freshwater, saltwater and
all water fishing packages
and is necessary to minimize
customer confusion regarding
addition of the new freshwater
fishing stamp requirements
(as mandated by H.B. 1989)
and to maximize customer
convenience by adding various
licensing options. The freshwater
trout stamp found in current §53.3(d)
is repealed because legislative
action (H.B. 1989) eliminated
that stamp, and the fee
for the freshwater fishing
stamp is incorporated, also
as authorized by H.B. 1989.
New §53.6(a) establishes
the prices of individual
licenses that will be available
only as part of a package,
and establishes the period
of validity for the “Year–from-purchase” resident
fishing license, the July
and August resident fishing
license, and the day resident
and day non-resident fishing
licenses. The fees for a
resident fishing license
($23), special resident
fishing license ($6), and
non-resident fishing license
($50) are identical to current
fees for these licenses
as established in current §53.3(c).
The “year-from-purchase” resident
fishing license ($30), the
July and August resident
fishing license ($20), the
day resident fishing license
($6 to $8), and day non-resident
fishing license ($12 to
$15) replace the temporary
(14-day) resident sport
fishing license, the temporary
(three-day) resident sport
fishing license, and the
temporary (five-day) non
resident fishing license
in current §53.3(c).
Proposed new §53.6(b)
establishes the price for
stamps that are sold either
individually or as part
of a package, and states
the period of validity of
the stamps. The fee for
the freshwater fishing stamp
($5) is mandated in H.B.
1989, and the fees for the
saltwater sportfishing stamp
($7) and surcharge ($3)
are identical to the fees
established in current §53.3(d).
Proposed new §53.6(b)
also clarifies that a red
drum tag will be issued
at no charge with each saltwater
sportfishing stamp. Proposed
new §53.6(c) establishes
the price for fishing packages
and licenses, as follows:
resident freshwater fishing
package ($28); resident
saltwater fishing package
($33); resident “all
water” fishing package
($38); special resident
freshwater fishing package
($11); special resident
saltwater fishing package
($16); special resident ‘all
water” fishing package
($21); “year-from-purchase” resident “all
water” fishing package
($45); July and August resident
freshwater fishing package
($25); July and August resident
saltwater fishing package
($30); July and August resident “all
water” fishing package
($35); resident freshwater
fishing “day plus” package
($11 to $13 for the first
day, plus $2 to $4 for each
additional consecutive day);
resident saltwater fishing “day
plus” package ($16
to $18 for the first day,
plus $2 to $4 for each additional
consecutive day); resident
all water fishing “day
plus” package ($21
to $23 for the first day,
plus $2 to $4 for each additional
consecutive day); nonresident
freshwater fishing package
($55); nonresident saltwater
fishing package ($60); nonresident “all
water” fishing package
($65); nonresident freshwater
fishing “day plus” package
($17 to $20 for the first
day, plus $5 to $8 for each
additional consecutive day);
nonresident saltwater fishing “day
plus” package ($22
to $25 for the first day,
plus $5 to $8 for each additional
consecutive day); nonresident
all water fishing “day
plus” package ($27
to $30 for the first day,
plus $5 to $8 for each additional
consecutive day); Lake Texoma
fishing license ($12); and
a replacement fee for fishing
packages and licenses ($10).
All packages established
in the proposed new section
are priced at an amount
equal to the cost of the
license plus the costs of
the stamps included in that
package. The resident and
nonresident freshwater,
saltwater, and “all
water” fishing “day
plus” package, consisting
of the day resident fishing
license or day nonresident
fishing license and the
applicable stamp, and the
option to purchase additional
consecutive days, establishes
that a previous purchaser
of these packages within
the license year may repurchase
the package for the price
of the day resident fishing
license or the day nonresident
fishing license plus the
cost for additional consecutive
days, as the stamp privileges
from the first purchase
will be extended to the
holder for the term of the
subsequent purchase. The
Lake Texoma fishing license
is established at a fee
identical to the fee in
current §53.3 (c) for
this item, and clarifies
that holders of this license
are exempt from freshwater
fishing stamp requirements
when fishing on Lake Texoma.
Proposed new §53.6(d)
establishes fees for fishing
tags as follows: exempt
angler red drum tag ($3);
bonus red drum tag ($0);
tarpon tag ($120); replacement
tarpon tag ($30); individual
bait-shrimp trawl tag ($35);
and salt water trotline
tag ($4). The exempt angler
red drum tag is established
to provide a mechanism to
provide a red drum tag to
individuals exempt from
purchase of a resident or
nonresident fishing license.
The fees for the bonus red
drum tag, tarpon tag, replacement
tarpon tag, and individual
bait- shrimp trawl tag are
identical to current fee
amounts established in current §53.3(e).
The fee for the saltwater
trotline tag increases from
$3 to $4. The fee increase
is necessary because it
was inadvertently omitted
from the comprehensive fee
adjustments adopted in 2003.
The department determined
at that time that additional
funds were needed to maintain
current levels of service
to the public. Fees for
the majority of the licenses
and permits had not been
increased since 1996. Since
that time, inflation significantly
increased the cost of doing
business (such as the cost
of office space, utilities,
vehicles, and gasoline),
and the Department added
a variety of new programs
and services. The existing
fees were compared with
various cost of living indices
and the accumulated rates
of inflation since 1996,
which was approximately
20%. The fee increase for
the saltwater trotline tag
is proposed based on that
calculation.

New §53.7, concerning
Furbearing Animal Licenses
and Permits, contains the
provisions of current §53.4(b),
which are relocated into
a new section exclusively
addressing licenses and
permits pertaining to furbearing
animals. The contents of
the proposed new section
do not include current §53.4(b)(3)
and (6) (establishing the
fees for the resident and
nonresident retail fur buyer’s
permits, respectively) because
rulemaking action in 2003
amended the provisions of
Chapter 65, Subchapter Q,
to eliminate the sale of
those permit types.

New §53.8, concerning
Alligator Licenses, Permits,
Stamps, and Tags, contains
the provisions of current §53.4(c),
which are relocated into
a new section exclusively
addressing licenses, permits,
stamps, and tags pertaining
to alligators. In addition,
the proposed new section
incorporates the provisions
of §65.362(e) and §65.365
(which establish fees for
the alligator export permit
and the alligator management
tag, respectively) so that
all fees concerning alligators
are located in a single
section.

New §53.9, concerning
Falconry Permits, contains
the provisions of current §53.8(c),
which are being retained
in order to create a single
section exclusively addressing
falconry permits. The remaining
provisions of current §53.8
are being relocated in other
sections as noted.

New §53.10, concerning
Public Hunting and Fishing
Permits and Fees, contains
the provisions of current §53.5.
Several nonsubstantive changes
are made to the current
rules. The caption of subsection
(a) changes from ‘Hunting
permits’ to ‘Hunting
and access permits,’ to
more accurately reflect
the scope of the provisions,
and the wording of current §53.5(b)(1)(B)
and (C) and (c)(2) have
been nonsubstantively altered
to eliminate awkward sentence
construction.

New §53.11, concerning
Commercial Hunting Licenses
and Permits, contains the
provisions of current §53.4(a),
which are being relocated
to a single section pertaining
exclusively to commercial
hunting activities regulated
by the department. The proposed
new section differs from
the current §53.4(a)
only in that 1) fees for
hunting cooperatives are
removed, since those fees
are established by statute
in Parks and Wildlife Code,
Chapter 43, Subchapter G,
need not be repeated in
regulations, and in any
case cannot be altered by
the commission; and 2) the
fee for an antlerless and
spike-buck control permit
application has been relocated
to new §53.14, concerning
Deer Management and Removal
Permits so that all fees
related to deer management
and removal are in the same
section.

New §53.12, concerning
Commercial Fishing Licenses
and Tags, contains the provisions
of current §53.6, with
the following nonsubstantive
alterations: references
to ‘license plates’ are
replaced with the term ‘display
licenses,’ because
metal plates will no longer
be used; and a reference
to ‘commercial oyster
captain’s’ is
changed to ‘commercial
oyster boat captain’s’ for
accuracy and consistency.

New §53.13, concerning
Business Licenses and Permits—Fishing,
contains the provisions
of current §53.7, with
the exception that current §53.7(4)
(establishing the saltwater
trotline tag fee) is removed
because it has been relocated
to proposed new §53.6,
concerning Recreational
Fishing Licenses, Stamps,
and Tags. In addition, the
proposed new section increases
the fees for license transfers
because those fee increases
were inadvertently omitted
from the comprehensive fee
adjustments adopted in 2003.
The fee increases are necessary
for the department to recoup
the increased administrative
costs associated with processing
transfers since the last
fee increase in 1996.

New §53.14, concerning
Deer Management and Removal
Permits, contains the provisions
of current §53.8(a)
and (d)-(f) that apply to
fees for permits pertaining
to deer management and removal.
The provisions have been
nonsubstantively altered
to: clarify that the renewal
fee for the scientific breeder’s
permit is the same as the
initial fee (to be consistent
with the terminology of §65.603(d)(4),
which addresses renewals,
rather than re-application,
which is consistent with
Parks and Wildlife Code, §43.355);
clarify that the fee for
the trap, transport, and
transplant permits is an
administrative fee for application
review, rather than for
the permit itself (to be
consistent with Parks and
Wildlife Code, §43.061(f),
which authorizes the commission
to implement a fee for review
of permit applications);
clarify that the fee for
the deer management permit
is for the permit itself,
rather than for processing
the application (to be consistent
with Parks and Wildlife
Code, §43.603(c), which
authorizes a fee for permit
issuance, rather than for
processing); incorporate
current §53.4(a)(12);
and modify the current reference
to ‘antlerless deer
control permit’ to ‘antlerless
and spike-buck deer control
permit,’ which is
necessary to accurately
reflect the purpose of the
permit.

New §53.15, concerning
Miscellaneous Fisheries
and Wildlife Licenses and
Permits, contains the provisions
of current §53.8(b)
and (g), concerning game
bird and game animal breeding
licenses and commercial
nongame permits, respectively; §69.310,
concerning fees for educational,
scientific, and zoological
permits; §§57.117,
57.125, and 57.131, which
establish fees for permits
pertaining to exotic fish,
shellfish, and exotic plants; §69.6,
which establishes the fee
for the commercial plant
permit; §55.150, which
establishes the fee for
the permit for aerial management
of wildlife and exotic species; §57.395,
which establishes the fee
for the permit to collect
broodfish from Texas waters; §58.30,
which establishes the fees
for an application for an
oyster lease, oyster lease
rental, and oyster lease
renewal or transfer. The
fees are being relocated
from other chapters in order
to consolidate all fees
in Chapter 53.

New §53.16, concerning
Vessel, Motor, and Marine
Licensing Fees, contains
the provisions of current §53.10,
which have been nonsubstantively
altered to clarify that ‘quick’ title
fees consist of an administrative
surcharge for expedited
title to a vessel or motor,
and are in addition to applicable
fees, and to remove obsolete
references to effective
dates.

New §53.30, concerning
Facility Admission and Use
Fees, contains the provisions
of current §53.50,
which establishes the entry
fees for the Athens Freshwater
Fisheries Center. In addition
to the current fee, the
proposed new section also
establishes a new fee for
facility use and for the
annual pass to the Athens
Freshwater Fisheries Center;
admission fees for Sea Center
Texas; fees for the use
of facilities at the Parrie
Haynes Youth Ranch; entry
fees for Old Tunnel Wildlife
Management Area; and facility
use fees for Mason Mountain
Wildlife Management Area.
The creation of the annual
pass (and fee) at the Athens
Freshwater Fisheries Center
is intended to address requests
for a discounted entry fee
from persons who visit the
center multiple times. The
entrance fees for Sea Center
Texas are necessary to recoup
operational costs. The fees
for the use of Parrie Haynes
Youth Camp are necessary
to ensure the ability of
the facility to serve the
youth of Texas under terms
of agreement with the Texas
Youth Commission, and the
costs of providing the facility
for public use. The entry
fees at Old Tunnel WMA,
as well as the facilities
use fees on Mason Mountain
WMA, are necessary to fund
public outreach, research,
operations, and management
on those areas, which, unlike
the other wildlife management
areas in the state system,
are not eligible for reimbursement
for those expenses under
the federal Wildlife Restoration
program; thus; it is imperative
that the agency generate
some type of revenue in
order to continue to operate
the areas for public use.

New §53.50, concerning
Training and Certification
Fees, contains the provisions
of current §53.60,
which establish fees for
marine safety enforcement
officer training and eliminates
the current fee of $3 per
student per hour for that
training to make the course
more affordable for peace
officers from smaller jurisdictions
and to ensure uniform quality
of training instruction.
The proposed new section
also includes the provisions
of §55.609, concerning
registration fees for hunter
education training, to consolidate
all fees in Chapter 53;
and incorporates a new fee
for deferred hunter education.

New §53.60, concerning
Stamps, consolidates the
provisions of current §§53.11-53.16
and those of current 53.3(f)
(concerning the collector’s
edition stamp package) in
a single section. References
to the muzzleloader and
freshwater trout have been
eliminated because of legislative
action that eliminated those
stamps (H.B. 1989, 78th
Legislature, Regular Session,
2003); the freshwater stamp
has been added (also because
of H.B. 1989); references
to obsolete effective dates
have been removed; reference
to a collectible freshwater
fishing stamp (authorized
by H.B. 1989) has been added;
and other, minor nonsubstantive
grammatical changes have
been made to enhance clarity.

New §53.70, concerning
License Deputies and Vessel
Registration Agents, contains
the provisions of current §53.17
and §53.25. The proposed
new section is substantively
identical to the current
provisions, except that
current §53.17(b),
concerning public inspection
of application forms for
appointment as an authorized
vessel registration agent,
is eliminated because there
is no reason to state in
regulation something that
is self-evident, and because
the forms can be mailed
or transmitted electronically
to anyone; and current §53.25
has been modified to eliminate
a reference to fee amounts
retained by license deputies
for sale of Lake Texoma
Fishing licenses in order
to make amounts retained
by license deputies uniform
for all license types.

New §53.80, concerning
Commercial Fishing Boat
Numbers, contains the provisions
of current §53.41.
The only change to the current
text is the replacement
of the term ‘metal
plate’ with the term ‘display
license,’ which is
necessary because the department
will replace the metal license-plate
type identification with
a display license.

New §53.90, concerning
Display of Registration
Validation Sticker, contains
the unchanged provisions
of current §53.205,
which prescribe the manner
in which registration decals
must be displayed and make
a special provision for
antique boats.

New §53.100, concerning
Bonded Title—Acceptable
Situations, contains the
unchanged provisions of
current §53.206, which
set forth the circumstances
under which the department
will issue a bonded title
in the event that complete
documentation cannot be
provided or obtained by
an applicant for title,
registration, or transfer.

New §53.110, concerning
Marine, Dealers, Distributors,
and Manufacturers, contains
the unchanged provisions
of current §§53.200-53.204,
which are being consolidated
into a single section. New
subsection (a) is current §53.200,
concerning Definitions,
which establishes a specific
meaning for the word ‘consignment’ for
use in the context of the
subchapter. New subsection
(b), which is current §53.201,
concerning Application,
Renewal, Transfer, and Replacement,
sets forth the required
information and documentation
that an applicant must submit
in order to be licensed
by the department as a dealer,
distributor, or manufacturer.
New subsection (c), which
is current §53.202,
concerning Notification—Change
of Dealer, Manufacturer,
Distributor Status, establishes
a notification requirement
for dealers, manufacturers,
and distributors in the
event that a change in address,
ownership, business name,
location, franchise agreement,
contact information, or
phone number has occurred.
New subsection (d), which
is current §53.203,
concerning Display of License,
requires licenses to be
publicly displayed at all
times. New subsection (e),
which is current §53.204,
concerning Reporting and
Recordkeeping Requirements,
sets forth the types of
records that must be maintained
as a condition of licensure.

New §53.120, concerning
License Format and Legibility,
consists of current §53.100,
which has been modified
to clarify that the provisions
of the section apply only
to licenses sold through
the department’s point-of-sale
system.

2. Fiscal Note.

Ms. Julie Horsley, program
specialist, has determined
that there will be fiscal
implications to state government
as a result of enforcing
or administering the rules
as proposed. For each of
the first five years the
rules are in effect, the
department is estimated
to realize between $4.4
and $5.9 million in additional
revenues as follows:

Saltwater trotline and
business license transfer
fees: $4,508 in each year.
Estimate was derived by
multiplying the proposed
new fee for each type of
transaction by the anticipated
number of transactions for
each license/permit. The
number of anticipated transactions
was based on a two year
average of transactions,
adjusted down by 4% to reflect
historic reductions in license
purchases resulting from
fee increases in the past.
The result was adjusted
down by 5% to reflect commissions
retained by license deputies,
and also adjusted down by
76 cents per transaction
to reflect transaction charges
by the vendor operating
the Department’s point-of-sale
system. This result was
then compared to the two-
year average of revenue
to obtain the net gain figure
of $4,508.

Lake Texoma: $3,517 in
each year. Estimate was
derived by determining the
total current amount retained
by license deputies for
sale of Texoma licenses
(at 75 cents per transaction
and average total transactions
of 23,446) and subtracting
the new amounts (at 5% of
each $12 transaction, and
average total transactions
of 23,446) expected to be
retained. The difference
is the net gain to the Department

Texas Freshwater Fisheries
Center Annual Pass: $2,000
in each year. Estimate was
derived based on past admission/visitation
reports since the visitor
center opened in 1996.

Texas Freshwater Fisheries
Center Meeting/Convention
Room Rental : $ 0 to $2,000.
Estimate was derived based
on polling other similar
facilities in the local
area during peak times of
the year.

Sea Center Texas: $0 to
$ 385,000 in each year.
Estimate was derived based
on past visitation and studies
regarding the number of
return visitors to the facility.

Mason Mountain Wildlife
Management Area: $6,000
to $7,200 in each year.
Estimate was based on historic
usage of the facilities.

Old Tunnel Wildlife Management
Area: $16,650 to $33,525
in each year. Estimate was
based on past visitation
to the facility.

Deferred Hunter Education
Option: $3,000 each year.
This estimate was derived
based on the following :
600 hunters per year will
opt to take advantage of
the deferral. In the absence
of the deferral, these hunters
would have otherwise had
to take the hunter education
course at $10 each, generating
$6,000 in revenue, $3,000
of which would be retained
by the department, with
the remainder retained by
volunteer instructors. With
the deferral, the department
would generate an additional
$6,000 in revenue, for a
net increase to the department
of $3,000. Of the 600 opting
to use the deferral, 400
would later take the hunter
education course for the
$5 reduced rate. The revenue
generated from these hunters
($2,000) would be retained
by the volunteer instructors.
The costs associated with
implementing the deferred
hunter education option
primarily involve the programming
costs of modifying the department’s
electronic point-of-sale
system. The current programming
cost is estimated to be
$98 per hour; however, the
department is unable to
estimate the exact amount
of programming time needed
to implement the changes,
but anticipates that the
cost of implementation will
be not be exceed by the
revenue generated as a result
of the fee.

License Restructuring:
$4.5 million to $5.5 million
in each year. The additional
anticipated revenue is primarily
due to the mandated freshwater
fishing stamp, the proceeds
of which are dedicated to
the repair, maintenance,
renovation, or replacement
of freshwater fish hatcheries
or the purchase of game
fish that are stocked in
the public waters of this
state. The proposed licenses
and packages were designed
to be essentially revenue
neutral with regard to the
Game, Fish, and Water Safety
Account (Fund 009). The
estimate was derived by
(1) calculating the estimated
number of each affected
license/stamp sold in FY
2004 (based on analysis
of year to date trends),
multiplying the results
by the FY 2004 price of
each item to derive the
estimated FY 2004 revenue,
and adjusting the figure
to reflect the five percent
retained by license deputies;
(2) determining the projected
FY 2005 sales for each license/package
(based on historical trends
and analysis of anticipated
purchasing trends given
the new licensing options;
and an anticipated 3% decline
in sales associated with
the fee adjustments to incorporate
the $5 freshwater fishing
stamp), multiplying the
results by the price of
each item to calculate projected
FY 2005 revenues under the
proposed new licensing structure,
and adjusting the result
to reflect the five percent
retained by license deputies;
and (3) subtracting the
estimated FY2004 revenues
from the projected FY 2005
revenues.

For each of the first
five years the rules are
in effect, the department
is estimated to lose revenue
as follows (Note: these
losses are factored into
the total revenue figures
of $4.4 and $5.9 million
above):

Elimination of $3 per
student/hour instruction
fee for Marine Safety Enforcement
Training: $1,793 in each
year. This estimate was
derived by multiplying the
current fee of $3 by the
average number of students
and average number of hours
per TPWD class.

License restructuring:
Elimination of muzzleloader
and freshwater trout stamps;
change to replacement fee
for fishing packages: $127,480
in each year. Of this, $5,344
is associated with repeal
of the muzzleloader stamp,
and $99,803 is associated
with the repeal of the freshwater
trout stamp. Revenue loss
associated with the change
to the replacement fee for
fishing packages is estimated
at $22,333. These estimates
were derived based on FY
2003 sales of the muzzleloader
stamp, freshwater trout
stamp; and replacement saltwater
fishing stamps, respectively,
adjusted to reflect the
five percent retained by
license deputies.

3. Public Benefit/Cost
Note.

Ms. Horsley also has determined
that for each of the first
five years the rules as
proposed are in effect:

(A) The public benefit
anticipated as a result
of enforcing or administering
the rules as proposed will
be: (1) the department’s
ability to maintain current
levels of service to customers
and constituents and the
continued ability of the
department to adequately
discharge it’s statutory
obligations; (2) elimination
of public confusion regarding
agency rules (through changes
made for clarification,
consistency, and consolidation
of fee and other related
information in Chapter 53);
(3) consistency in training
of Marine Safety Officers;
(4) improved customer convenience
through addition of new
licensing and annual pass
entrance options; and (5)
to offer an opportunity
for persons 17 years of
age or older who would otherwise
be required to possess evidence
of completion of a hunter
education course to explore
the hunting experience.

(B) There will be an economic
cost to persons required
to comply with the rules
as proposed, namely the
$1 fee increase for the
saltwater trotline tag;
the $15 increase for the
business license transfer
fees; the admission/ tour
and annual pass fees for
various TPWD facilities
(Texas Freshwater Fisheries
Center, Old Tunnel and Sea
Center), which range from
$0 to $90; fees for use
and rental of various department
facilities (Parrie Haynes,
Mason Mountain, and Texas
Freshwater Fisheries Center),
which range from $0 to $5,000,
depending on the type of
facility rented; and the
fees associated with the
new hunting and fishing
license packages, which
incorporate the $5 freshwater
fishing stamp. There is
no economic cost associated
with the deferred hunter
education option, because
it is not mandatory.

(C) For the amounts retained
by license deputies for
the Lake Texoma fishing
license, the proposed change
from 75 cents per transaction
to 5% would result in a
revenue loss to businesses
engaged in selling licenses
of 15 cents per license
sold. Based on the number
of licenses sold at each
business location, this
revenue loss could range
from between 15 cents to
a maximum of $450 per year.
Some of the businesses affected
will be small or microbusinesses,
however, there is no difference
in the cost of compliance
between a large and small
business as a result of
the proposed amendments.
Likewise, there is no disproportionate
economic impact on small
or microbusinesses.

For business license transfers,
the proposed fee increase
would impose a maximum per
employee cost ranging from
$15 for a business with
one employee, to $0.15 for
a business employing 100
people. For microbusinesses
the maximum per employee
cost would range from $15
for one person to $0.75
for 20 employees. For large
business, the minimum per
employee cost would be fractions
of a dollar lower than the
maximum cost of compliance
for a small business.

(D) The department has
determined that the rules
will not affect local economies;
accordingly, no local employment
impact statement has been
prepared.

(E) The department has
determined that Government
Code, §2001.0225 (Regulatory
Analysis of Major Environmental
Rules) does not apply to
the proposed rules.

(F) The department has
determined that Government
Code, Chapter 2007 (Governmental
Action Affecting Private
Property Rights), does not
apply to the proposed rules.

The repeals and new rules
are proposed under the authority
of Government Code, §2155.076,
which requires a state agency
to adopt rules for resolving
vendor protests relating
to purchasing issues and
Parks and Wildlife Code:

Chapter 11: §11.027,
which authorizes the commission
to establish a fee to cover
costs associated with the
review of an application
for a permit required by
the code; to sell any item
in the possession of the
department in which the
state has title, or acquire
and resell items if a profit
can be made, to charge a
fee for the use of a credit
card to pay a fee assessed
by the department in an
amount reasonable and necessary
to reimburse the department
for the costs involved in
the use of the card, and
a fee for entering, reserving,
or using a facility or property
owned or managed by the
department; §11.0271,
which authorizes the department
to establish participation
fees, not to exceed $25
per species for each participant
on an application, in drawings
for special hunting programs,
packages, or events that
exceed the costs of operating
the drawing only if the
fees charged are designated
for use in the management
and restoration efforts
of the specific wildlife
program implementing each
special hunting program,
package, or event; §11.0272,
which authorizes the commission
to approve participation
fees, not to exceed $25
per species or event for
each participant on an application,
in drawings for special
fishing or other special
programs, packages, or events
the costs of which exceed
the costs of operating the
drawing only if the receipts
from fees charged are designated
for use in the management
and restoration efforts
of the specific fishery
or resource program implementing
each special fishing or
other special program, package,
or event; §11.030,
which authorizes the commission
to adopt rules relating
to the release, use, and
sale of customer information;
and §11.056, which
authorizes the commission
to establish the price of
a wildlife art decal or
stamp or editions of stamps
and decals; §11.065,
which authorizes the commission
to adopt rules for the investment
of the lifetime license
endowment account;

Chapter 12: §12.702,
which authorizes the commission
to establish collection
and issuance fees for license
deputies to sell licenses,
stamps, tags, permits, or
other similar item issued
under any chapter the code; §12.703,
which requires the commission
to specify standards for
licenses issued by an electronic
point-of-sale system, including
the legibility of the licenses;

Chapter 31: §31.006,which
authorizes the commission
to allow a dealer who holds
a dealer's or manufacturer's
number to act as the agent
of the department and to
require an agent to execute
a surety bond in an amount
set by the department, and
to adopt rules for the creation
of a program for the continuing
identification and classification
of participants in the vessel
and outboard motor industries
doing business in this state,
including fees; §31.032,
which authorizes the department
to prescribe the manner
in which identification
numbers and validation decals
are placed on a vessel and
authorizes the commission
to adopt rules for the placement
of validation decals for
antique boats; §31.0412,
which authorizes the commission
to adopt rules regarding
dealer’s, distributor’s,
and manufacturer’s
licenses, including transfer
procedures, application
forms, application and renewal
procedures, and reporting
and recordkeeping requirements;
and §31.0465, which
authorizes the commission
to define by rule what constitutes
an acceptable situation
in which certificates of
title may be issued after
the filing of a bond, and §31.039
which authorizes the commission
to charge a fee for access
to ownership and other records; §31.121,
which requires the commission
to establish and collect
a fee to recover the administrative
costs associated with the
certification of marine
safety enforcement officers;

Chapter 42: §42.012,
which authorizes the commission
to establish a fee for a
resident hunting license; §42.0121,
which authorizes the commission
to establish a fee for a
lifetime resident hunting
license; §42.014, which
authorizes the commission
to establish a fee for a
nonresident special hunting
license; §42.0141,
which authorizes the commission
to establish a fee for a
general nonresident hunting
license; §42.0142,
which authorizes the commission
to establish a fee for banded
bird hunting licenses; §42.0143,
which authorizes the commission
to establish a fee for a
nonresident five-day special
hunting license; §42.0144,
which authorizes the commission
to establish a fee for a
nonresident spring turkey
hunting license; and §42.017,
which authorizes the commission
to establish a fee for a
duplicate license or tags;

Chapter 43: §43.012,
which authorizes the commission
to issue a white-winged
dove stamp in a form and
manner prescribed by the
department, to provide for
identification, possession,
and exemption requirements,
and to establish a fee; §43.022,
which authorizes the commission
to establish a fee for permits
for scientific, educational,
and zoological permits; §43.044,
which authorizes the commission
to establish a fee for hunting
lease licenses; §43.061,
which authorizes the commission
to establish a fee for permits
to trap, transport, or transplant
game animals or game birds; §43.0611,
which authorizes the commission
to establish a fee for an
urban white-tailed deer
removal permit; §43.0721,
which authorizes the commission
to establish a fee for a
private bird hunting area
license; §43.0722,
which authorizes the commission
to establish a fee for a
private bird hunting area
license; §43.0764,
which authorizes the commission
to establish a fee for a
field trial permit; §43.110,
which authorizes the commission
to establish a fee for a
permit that authorizes the
management of wildlife or
exotic animals by the use
of aircraft; §43.201,
which authorizes the commission
to issue an archery stamp
in a form and manner prescribed
by the department, to provide
for identification, possession,
and exemption requirements,
and to establish a fee; §43.202,
which authorizes the commission
to establish a fee for an
archery stamp; §43.252,
which authorizes the commission
to issue a turkey stamp
in a form and manner prescribed
by the department, and to
provide for identification,
possession, and exemption
requirements; §43.303,
which authorizes the commission
to issue a waterfowl stamp
in a form and manner prescribed
by the department, to provide
for identification, possession,
and exemption requirements,
and to establish a fee; §43.355,
which authorizes the commission
to establish a fee for a
scientific breeder's permit; §43.403,
which authorizes the commission
to issue a saltwater sportfishing
stamp in a form and manner
prescribed by the department,
to provide for identification,
possession, and exemption
requirements, and to establish
a fee; §43.554, which
authorizes the commission
to establish a fee for a
permit to allow a licensed
fish farmer to take a specified
quantity of fish brood stock
from specified public water; §43.603,
which authorizes the commission
to establish a fee for the
issuance or renewal of a
deer management permit; §44.003,
which authorizes the commission
to establish a fee for a
game breeder's license;

Chapter 45: §45.003,
which authorizes the commission
to establish a fee for commercial
game bird breeder's licenses;

Chapter 46: §46.004,
which authorizes the commission
to establish fees for a
resident fishing license,
a nonresident fishing license,
a lifetime resident fishing
license, duplicate tags,
and issuance and collection
fees for licenses and tags; §46.005,
which authorizes the commission
to establish the period
of validity and a fee for
resident and nonresident
temporary sportfishing licenses; §46.006,
which authorizes the commission
to establish a fee for duplicate
fishing licenses and tags; §46.007,
which authorizes the commission
to establish a period of
validity for fishing licenses
and tags; §46.0085,
which authorizes the commission
to issue tags for finfish; §46.104,
which authorizes the commission
to establish a fee for the
Lake Texoma fishing license; §46.105,
which authorizes the commission
to establish a fee for the
Lake Texoma 10-day fishing
license;

Chapter 47: §47.002,
which authorizes the commission
to establish a fee for a
resident or nonresident
general commercial fisherman's
license; §47.003, which
authorizes the commission
to establish fee for a resident
or nonresident commercial
finfish fisherman's license; §47.004,
which authorizes the commission
to establish a fee for a
fishing guide license; §47.007,
which authorizes the commission
to establish a fee for a
commercial fishing boat
license and number and rules
governing the issuance,
use, and display of commercial
fishing boat numbers; §47.008,
which authorizes the commission
to establish fees for menhaden
boat licenses ; §47.009,
which authorizes the commission
to establish a fee for a
wholesale fish dealer's
license; §47.010, which
authorizes the commission
to establish a fee for a
wholesale truck dealer's
fish license; §47.011,
which authorizes the commission
to establish a fee for a
retail fish dealer's license; §47.013,
which authorizes the commission
to establish a fee for a
retail dealer's truck license; §47.014,
which authorizes the commission
to establish a fee for bait
dealer's licenses; §47.016,
which authorizes the commission
to establish a fee for a
menhaden fish plant license; §47.017,
which authorizes the commission
to establish a fee for renewal
of a menhaden fish plant
license; §47.031, which
authorizes the commission
to establish the period
of validity for any license
issued under the authority
of Chapter 47 and provides
for the transfer of licenses
and permits; §47.075,
which authorizes the commission
to establish a fee for a
commercial finfish fisherman
unless the person has obtained
a commercial finfish fisherman's
license; §47.079, which
authorizes the commission
to establish a fee for the
transfer of a commercial
finfish fisherman's license.

Chapter 49: §49.014,
which authorizes the commission
to establish a fee for any
falconry, raptor propagation,
or nonresident trapping
permit;

Chapter 50: §50.001,
which authorizes the commission
to establish combination
licenses and packages and
the fees for each; §50.0021,
which authorizes the commission
to establish the period
of validity for combination
licenses and packages; §50.004,
which authorizes the commission
to establish a fee for duplicate
combination licenses and
packages;

Chapter 62: §62.014,
which authorizes the commission
to impose a fee not to exceed
$15 to defray administrative
costs of implementing hunter
education courses;

Chapter 65: §65.003, §65.004,
which authorizes the commission
to establish a fee for permits
that govern the taking,
possession, propagation,
transportation, exportation,
importation, sale, and offering
for sale of alligators,
alligator eggs, or any part
of an alligator; §65.004,
which authorizes the commission
to establish a fee for a
resident or nonresident
alligator hunter's license,
a nonresident alligator
hunter's license.

Chapter 66: §66.007,
which authorizes the commission
to establish rules governing
permits to import, possess,
sell, or place into water
of this state exotic harmful
or potentially harmful fish,
shellfish, or aquatic plants;

§66.017, which authorizes
the commission to establish
the period of validity for
licenses, permits, and tags
issued under the authority
of Chapter 66, and the fee
for transfers of licenses,
permits, and tags issued
under authority of Chapter
66; §66.018, which
authorizes the commission
to establish a fee for a
crab trap tag; §66.020,
which authorizes the commission
to establish a fee for permits
authorizing the sale and
purchase of protected fish; §66.206,
which authorizes the commission
to establish a fee for tags
for trotlines used in public
salt water;

Chapter 67: §67.0041,
which authorizes the commission
to establish a fee for permits
for the taking, possession,
propagation, transportation,
sale, importation, or exportation
of a nongame species of
fish or wildlife;

Chapter 71: §71.002,
which authorizes the commission
to establish a fee for a
resident or nonresident
trapper's license, a resident
or nonresident wholesale
fur dealer's license, and
a fur-bearing animal propagation
permit.

Chapter 76: §76.006,
which authorizes the commission
to establish a fee for a
certificate authorizing
the applicant to plant oysters
and make a private oyster
bed in the public water
of the state; §76.017,
which authorizes the commission
to establish a fee for a
certificate of location
for a private oyster bed; §76.018,
which authorizes the commission
to establish the period
of validity for licenses
issued under authority of
Chapter 76, and fees for
the transfer of licenses; §76.104,
which authorizes the commission
to establish a fee for a
commercial oyster boat license,
a sport oyster boat license,
a commercial oyster fisherman's
license, a commercial oyster
boat captain's license,
a commercial oyster boat
license for a boat that
is not numbered under Chapter
31 or does not have a certificate
of documentation issued
by the United States Coast
Guard that lists an address
in Texas for the boat owner,
a sport oyster boat license
for a boat that is not numbered
under Chapter 31 or does
not have a certificate of
documentation issued by
the United States Coast
Guard that lists an address
in Texas for the boat owner,
a fee for a nonresident
commercial oyster fisherman's
license, and a nonresident
commercial oyster boat captain's
license; §76.1041,
which authorizes the commission
to establish requirements
for the design and display
of a commercial oyster boat
license;

Chapter 77: §77.031,
which authorizes the commission
to establish a fee for a
commercial bay shrimp boat
license and a commercial
bay shrimp boat license
for a boat that is not numbered
under Chapter 31 of this
code or does not have a
certificate of documentation
issued by the United States
Coast Guard that lists an
address in Texas for the
boat owner; §77.033,
which authorizes the commission
to establish a fee for a
commercial bait-shrimp boat
license and a commercial
bait-shrimp boat license
for a boat that is not numbered
under Chapter 31 of this
code or does not have a
certificate of documentation
issued by the United States
Coast Guard that lists an
address in Texas for the
boat owner; §77.035,
which authorizes the commission
to establish a fee for a
commercial gulf shrimp boat
license and a commercial
gulf shrimp boat license
for a boat that is not numbered
under Chapter 31 of this
code or does not have a
certificate of documentation
issued by the United States
Coast Guard that lists an
address in Texas for the
boat owner; §77.0351,
which authorizes the commission
to establish a fee for a
residents or nonresident
commercial shrimp boat captain's
license issued by the department; §77.0361,
which authorizes the commission
to establish a fee for transfers
of licenses issued under
Chapter 77, duplicate license
plates, and duplicate or
replacement licenses; §77.037,
which authorizes the commission
to establish a fee for a
transfer of a commercial
gulf shrimp boat license; §77.043,
which authorizes the commission
to establish a fee for a
bait-shrimp dealer's license; §77.048,
which authorizes the commission
to establish a fee for an
individual bait-shrimp trawl; §77.115,
which authorizes the commission
to establish a fee for a
transfer of a commercial
bay or bait shrimp boat
license;

Chapter 78: §78.002,
which authorizes the commission
to establish a fee for a
resident or nonresident
commercial mussel and clam
fisherman's license; §78.003,
which authorizes the commission
to establish a fee for a
resident or nonresident
shell buyer's license; §78.004,
which authorizes the commission
to establish a fee for the
export of mussels or clams
or mussel or clam shells; §78.105,
which authorizes the commission
to establish a fee for a
crab boat license; §78.109,
which authorizes the commission
to establish a fee for a
transfer of a license issued
under Chapter 78;

Chapter 81: §81.403,
which authorizes the commission
to establish a fee for a
permit for the hunting of
wildlife or for any other
use in wildlife management
areas;

Chapter 86: §86.007,
which authorizes the commission
to establish a fee for processing
notifications of proposed
activities governed by Chapter
86 and for payment for substrate
materials;

Chapter 88: §88.006,
which authorizes the commission
to establish a fee for a
permit to collect endangered,
threatened, or protected
native plants for commercial
purposes

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.

Issued in Austin, Texas,
on

The repeals are proposed
under Parks and Wildlife
Code, §11.056, which
authorizes the commission
to establish the price of
a wildlife art decal or
stamp or editions of stamps
and decals; §11.065,
which authorizes the commission
to adopt rules for the investment
of the lifetime license
endowment account; §43.012,
which authorizes the department
to issue a white-winged
dove stamp in a form and
manner prescribed by the
department, and providing
for identification, possession,
and exemption requirements; §43.201,
which authorizes the department
to issue an archery stamp
in a form and manner prescribed
by the department, and providing
for identification, possession,
and exemption requirements; §43.252,
which authorizes the department
to issue a turkey stamp
in a form and manner prescribed
by the department, and providing
for identification, possession,
and exemption requirements; §43.303,
which authorizes the department
to issue a waterfowl stamp
in a form and manner prescribed
by the department, and providing
for identification, possession,
and exemption requirements;
and §43.403, which
authorizes the department
to issue a saltwater sportfishing
stamp in a form and manner
prescribed by the department,
and providing for identification,
possession, and exemption
requirements.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.

Issued in Austin, Texas,
on

The repeals are proposed
under Parks and Wildlife
Code, §31.006,which
authorizes the commission
to allow a dealer who holds
a dealer's or manufacturer's
number to act as the agent
of the department and to
require an agent to execute
a surety bond in an amount
set by the department, and
to adopt rules for the creation
of a program for the continuing
identification and classification
of participants in the vessel
and outboard motor industries
doing business in this state,
including fees.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.

Issued in Austin, Texas,
on

The repeals are proposed
under Parks and Wildlife
Code, §12.701, which
authorizes the commission
to designate persons to
act as license deputies,
and §12.702, which
authorizes the commission
to establish collection
and issuance fees for license
deputies to sell licenses,
stamps, tags, permits, or
other similar item issued
under any chapter of the
code.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.

Issued in Austin, Texas,
on

The repeal is proposed
under Parks and Wildlife
Code, §11.030, which
authorizes the commission
to adopt rules relating
to the release, use, and
sale of customer information.

The repeal affects Parks
and Wildlife Code, Chapter
11.

§53.35. Release and
Sale of Customer Information.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.

The repeal is proposed
under Parks and Wildlife
Code, §47.007, which
authorizes the commission
to establish a fee for a
commercial fishing boat
license and number and rules
governing the issuance,
use, and display of commercial
fishing boat numbers.

The repeal affects Parks
and Wildlife Code, Chapter
47.

§53.41. Composition
and Issuance.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.

Issued in Austin, Texas,
on

The repeal is proposed
under Parks and Wildlife
Code, §11.027, which
authorizes the commission
to establish a fee for entering,
reserving, or using a facility
or property owned or managed
by the department.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.

Issued in Austin, Texas,
on

The repeal is proposed
under Parks and Wildlife
Code, §31.121, which
requires the commission
to establish and collect
a fee to recover the administrative
costs associated with the
certification of marine
safety enforcement officers.

The repeal affects Parks
and Wildlife, Chapter 31.

§53.60. Law Enforcement
Training and Certification
Fees.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.

Issued in Austin, Texas,
on

The repeal is proposed
under Government Code, §2155.076,
which requires the department
as a state agency to adopt
rules for resolving vendor
protests relating to purchasing
issues

The repeal affects Government
Code, §2155.076.

§53.70. Vendor Protest
Procedure.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.

Issued in Austin, Texas,
on

The repeal is proposed
under Parks and Wildlife
Code, §43.012, which
authorizes the commission
to exempt persons from requirements
relating to a white-winged
dove stamp; §43.202,
which authorizes the commission
to exempt persons from requirements
relating to an archery stamp; §43.252,
which authorizes the commission
to exempt persons from requirements
relating to a turkey stamp; §43.403,
which authorizes the commission
to exempt persons from requirements
relating to a saltwater
sportfishing stamp; and
the provisions of H.B. 1989,
which created the freshwater
fishing stamp and authorizes
the commission exempt persons
from requirements relating
to possession of the stamp,
and eliminated the muzzleloader
stamp and the freshwater
trout stamp.

The repeal affects Parks
and Wildlife Code, Chapter
43.

§53.90. Exemptions
from Stamp Fees.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.

Issued in Austin, Texas,
on

The repeal is proposed
under Parks and Wildlife
Code, §12.703, which
requires the commission
to specify standards for
licenses issued by an electronic
point-of-sale system, including
the legibility of the licenses.

The repeal affects Parks
and Wildlife Code, Chapter
12.

§53.100. License
Format and Legibility.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.

Issued in Austin, Texas,
on

The repeals are proposed
under Parks and Wildlife
Code, §31.032, which
authorizes the department
to prescribe the manner
in which identification
numbers and validation decals
are placed on a vessel and
authorizes the commission
to adopt rules for the placement
of validation decals for
antique boats; §31.0412,
which authorizes the commission
to adopt rules regarding
dealer’s, distributor’s,
and manufacturer’s
licenses, including transfer
procedures, application
forms, application and renewal
procedures, and reporting
and recordkeeping requirements;
and §31.0465, which
authorizes the commission
to define by rule what constitutes
an acceptable situation
in which certificates of
title may be issued after
the filing of a bond, and §31.039
which authorizes the commission
to charge a fee for access
to ownership and other records.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.

Issued in Austin, Texas,
on

The new rules are proposed
under parks and Wildlife
Code, Chapter 11: §11.027,
which authorizes the commission
to establish a fee to cover
costs associated with the
review of an application
for a permit required by
the code; to sell any item
in the possession of the
department in which the
state has title, or acquire
and resell items if a profit
can be made, to charge a
fee for the use of a credit
card to pay a fee assessed
by the department in an
amount reasonable and necessary
to reimburse the department
for the costs involved in
the use of the card, and
a fee for entering, reserving,
or using a facility or property
owned or managed by the
department; §11.0271,
which authorizes the department
to establish participation
fees, not to exceed $25
per species for each participant
on an application, in drawings
for special hunting programs,
packages, or events that
exceed the costs of operating
the drawing only if the
fees charged are designated
for use in the management
and restoration efforts
of the specific wildlife
program implementing each
special hunting program,
package, or event; §11.0272,
which authorizes the commission
to approve participation
fees, not to exceed $25
per species or event for
each participant on an application,
in drawings for special
fishing or other special
programs, packages, or events
the costs of which exceed
the costs of operating the
drawing only if the receipts
from fees charged are designated
for use in the management
and restoration efforts
of the specific fishery
or resource program implementing
each special fishing or
other special program, package,
or event; §11.030,
which authorizes the commission
to adopt rules relating
to the release, use, and
sale of customer information;
and §11.056, which
authorizes the commission
to establish the price of
a wildlife art decal or
stamp or editions of stamps
and decals; §11.065,
which authorizes the commission
to adopt rules for the investment
of the lifetime license
endowment account;

Chapter 12: §12.702,
which authorizes the commission
to establish collection
and issuance fees for license
deputies to sell licenses,
stamps, tags, permits, or
other similar item issued
under any chapter the code; §12.703,
which requires the commission
to specify standards for
licenses issued by an electronic
point-of-sale system, including
the legibility of the licenses;

Chapter 31: §31.006,which
authorizes the commission
to allow a dealer who holds
a dealer's or manufacturer's
number to act as the agent
of the department and to
require an agent to execute
a surety bond in an amount
set by the department, and
to adopt rules for the creation
of a program for the continuing
identification and classification
of participants in the vessel
and outboard motor industries
doing business in this state,
including fees; §31.032,
which authorizes the department
to prescribe the manner
in which identification
numbers and validation decals
are placed on a vessel and
authorizes the commission
to adopt rules for the placement
of validation decals for
antique boats; §31.0412,
which authorizes the commission
to adopt rules regarding
dealer’s, distributor’s,
and manufacturer’s
licenses, including transfer
procedures, application
forms, application and renewal
procedures, and reporting
and recordkeeping requirements;
and §31.0465, which
authorizes the commission
to define by rule what constitutes
an acceptable situation
in which certificates of
title may be issued after
the filing of a bond, and §31.039
which authorizes the commission
to charge a fee for access
to ownership and other records; §31.121,
which requires the commission
to establish and collect
a fee to recover the administrative
costs associated with the
certification of marine
safety enforcement officers;

Chapter 42: §42.012,
which authorizes the commission
to establish a fee for a
resident hunting license; §42.0121,
which authorizes the commission
to establish a fee for a
lifetime resident hunting
license; §42.014, which
authorizes the commission
to establish a fee for a
nonresident special hunting
license; §42.0141,
which authorizes the commission
to establish a fee for a
general nonresident hunting
license; §42.0142,
which authorizes the commission
to establish a fee for banded
bird hunting licenses; §42.0143,
which authorizes the commission
to establish a fee for a
nonresident five-day special
hunting license; §42.0144,
which authorizes the commission
to establish a fee for a
nonresident spring turkey
hunting license; and §42.017,
which authorizes the commission
to establish a fee for a
duplicate license or tags;

Chapter 43: §43.012,
which authorizes the commission
to issue a white-winged
dove stamp in a form and
manner prescribed by the
department, to provide for
identification, possession,
and exemption requirements,
and to establish a fee; §43.022,
which authorizes the commission
to establish a fee for permits
for scientific, educational,
and zoological permits; §43.044,
which authorizes the commission
to establish a fee for hunting
lease licenses; §43.061,
which authorizes the commission
to establish a fee for permits
to trap, transport, or transplant
game animals or game birds; §43.0611,
which authorizes the commission
to establish a fee for an
urban white-tailed deer
removal permit; §43.0721,
which authorizes the commission
to establish a fee for a
private bird hunting area
license; §43.0722,
which authorizes the commission
to establish a fee for a
private bird hunting area
license; §43.0764,
which authorizes the commission
to establish a fee for a
field trial permit; §43.110,
which authorizes the commission
to establish a fee for a
permit that authorizes the
management of wildlife or
exotic animals by the use
of aircraft; §43.201,
which authorizes the commission
to issue an archery stamp
in a form and manner prescribed
by the department, to provide
for identification, possession,
and exemption requirements,
and to establish a fee; §43.202,
which authorizes the commission
to establish a fee for an
archery stamp; §43.252,
which authorizes the commission
to issue a turkey stamp
in a form and manner prescribed
by the department, and to
provide for identification,
possession, and exemption
requirements; §43.303,
which authorizes the commission
to issue a waterfowl stamp
in a form and manner prescribed
by the department, to provide
for identification, possession,
and exemption requirements,
and to establish a fee; §43.355,
which authorizes the commission
to establish a fee for a
scientific breeder's permit; §43.403,
which authorizes the commission
to issue a saltwater sportfishing
stamp in a form and manner
prescribed by the department,
to provide for identification,
possession, and exemption
requirements, and to establish
a fee; §43.554, which
authorizes the commission
to establish a fee for a
permit to allow a licensed
fish farmer to take a specified
quantity of fish brood stock
from specified public water; §43.603,
which authorizes the commission
to establish a fee for the
issuance or renewal of a
deer management permit; §44.003,
which authorizes the commission
to establish a fee for a
game breeder's license;

Chapter 45: §45.003,
which authorizes the commission
to establish a fee for commercial
game bird breeder's licenses;

Chapter 46: §46.004,
which authorizes the commission
to establish fees for a
resident fishing license,
a nonresident fishing license,
a lifetime resident fishing
license, duplicate tags,
and issuance and collection
fees for licenses and tags; §46.005,
which authorizes the commission
to establish the period
of validity and a fee for
resident and nonresident
temporary sportfishing licenses; §46.006,
which authorizes the commission
to establish a fee for duplicate
fishing licenses and tags; §46.007,
which authorizes the commission
to establish a period of
validity for fishing licenses
and tags; §46.0085,
which authorizes the commission
to issue tags for finfish; §46.104,
which authorizes the commission
to establish a fee for the
Lake Texoma fishing license; §46.105,
which authorizes the commission
to establish a fee for the
Lake Texoma 10-day fishing
license;

Chapter 47: §47.002,
which authorizes the commission
to establish a fee for a
resident or nonresident
general commercial fisherman's
license; §47.003, which
authorizes the commission
to establish fee for a resident
or nonresident commercial
finfish fisherman's license; §47.004,
which authorizes the commission
to establish a fee for a
fishing guide license; §47.007,
which authorizes the commission
to establish a fee for a
commercial fishing boat
license and number and rules
governing the issuance,
use, and display of commercial
fishing boat numbers; §47.008,
which authorizes the commission
to establish fees for menhaden
boat licenses ; §47.009,
which authorizes the commission
to establish a fee for a
wholesale fish dealer's
license; §47.010, which
authorizes the commission
to establish a fee for a
wholesale truck dealer's
fish license; §47.011,
which authorizes the commission
to establish a fee for a
retail fish dealer's license; §47.013,
which authorizes the commission
to establish a fee for a
retail dealer's truck license; §47.014,
which authorizes the commission
to establish a fee for bait
dealer's licenses; §47.016,
which authorizes the commission
to establish a fee for a
menhaden fish plant license; §47.017,
which authorizes the commission
to establish a fee for renewal
of a menhaden fish plant
license; §47.031, which
authorizes the commission
to establish the period
of validity for any license
issued under the authority
of Chapter 47 and provides
for the transfer of licenses
and permits; §47.075,
which authorizes the commission
to establish a fee for a
commercial finfish fisherman
unless the person has obtained
a commercial finfish fisherman's
license; §47.079, which
authorizes the commission
to establish a fee for the
transfer of a commercial
finfish fisherman's license.

Chapter 49: §49.014,
which authorizes the commission
to establish a fee for any
falconry, raptor propagation,
or nonresident trapping
permit;

Chapter 50: §50.001,
which authorizes the commission
to establish combination
licenses and packages and
the fees for each; §50.0021,
which authorizes the commission
to establish the period
of validity for combination
licenses and packages; §50.004,
which authorizes the commission
to establish a fee for duplicate
combination licenses and
packages;

Chapter 62: §62.014,
which authorizes the commission
to impose a fee not to exceed
$15 to defray administrative
costs of implementing hunter
education courses;

Chapter 65: §65.003, §65.004,
which authorizes the commission
to establish a fee for permits
that govern the taking,
possession, propagation,
transportation, exportation,
importation, sale, and offering
for sale of alligators,
alligator eggs, or any part
of an alligator; §65.004,
which authorizes the commission
to establish a fee for a
resident or nonresident
alligator hunter's license,
a nonresident alligator
hunter's license.

Chapter 66: §66.007,
which authorizes the commission
to establish rules governing
permits to import, possess,
sell, or place into water
of this state exotic harmful
or potentially harmful fish,
shellfish, or aquatic plants;

§66.017, which authorizes
the commission to establish
the period of validity for
licenses, permits, and tags
issued under the authority
of Chapter 66, and the fee
for transfers of licenses,
permits, and tags issued
under authority of Chapter
66; §66.018, which
authorizes the commission
to establish a fee for a
crab trap tag; §66.020,
which authorizes the commission
to establish a fee for permits
authorizing the sale and
purchase of protected fish; §66.206,
which authorizes the commission
to establish a fee for tags
for trotlines used in public
salt water;

Chapter 67: §67.0041,
which authorizes the commission
to establish a fee for permits
for the taking, possession,
propagation, transportation,
sale, importation, or exportation
of a nongame species of
fish or wildlife;

Chapter 71: §71.002,
which authorizes the commission
to establish a fee for a
resident or nonresident
trapper's license, a resident
or nonresident wholesale
fur dealer's license, and
a fur-bearing animal propagation
permit.

Chapter 76: §76.006,
which authorizes the commission
to establish a fee for a
certificate authorizing
the applicant to plant oysters
and make a private oyster
bed in the public water
of the state; §76.017,
which authorizes the commission
to establish a fee for a
certificate of location
for a private oyster bed; §76.018,
which authorizes the commission
to establish the period
of validity for licenses
issued under authority of
Chapter 76, and fees for
the transfer of licenses; §76.104,
which authorizes the commission
to establish a fee for a
commercial oyster boat license,
a sport oyster boat license,
a commercial oyster fisherman's
license, a commercial oyster
boat captain's license,
a commercial oyster boat
license for a boat that
is not numbered under Chapter
31 or does not have a certificate
of documentation issued
by the United States Coast
Guard that lists an address
in Texas for the boat owner,
a sport oyster boat license
for a boat that is not numbered
under Chapter 31 or does
not have a certificate of
documentation issued by
the United States Coast
Guard that lists an address
in Texas for the boat owner,
a fee for a nonresident
commercial oyster fisherman's
license, and a nonresident
commercial oyster boat captain's
license; §76.1041,
which authorizes the commission
to establish requirements
for the design and display
of a commercial oyster boat
license;

Chapter 77: §77.031,
which authorizes the commission
to establish a fee for a
commercial bay shrimp boat
license and a commercial
bay shrimp boat license
for a boat that is not numbered
under Chapter 31 of this
code or does not have a
certificate of documentation
issued by the United States
Coast Guard that lists an
address in Texas for the
boat owner; §77.033,
which authorizes the commission
to establish a fee for a
commercial bait-shrimp boat
license and a commercial
bait-shrimp boat license
for a boat that is not numbered
under Chapter 31 of this
code or does not have a
certificate of documentation
issued by the United States
Coast Guard that lists an
address in Texas for the
boat owner; §77.035,
which authorizes the commission
to establish a fee for a
commercial gulf shrimp boat
license and a commercial
gulf shrimp boat license
for a boat that is not numbered
under Chapter 31 of this
code or does not have a
certificate of documentation
issued by the United States
Coast Guard that lists an
address in Texas for the
boat owner; §77.0351,
which authorizes the commission
to establish a fee for a
residents or nonresident
commercial shrimp boat captain's
license issued by the department; §77.0361,
which authorizes the commission
to establish a fee for transfers
of licenses issued under
Chapter 77, duplicate license
plates, and duplicate or
replacement licenses; §77.037,
which authorizes the commission
to establish a fee for a
transfer of a commercial
gulf shrimp boat license; §77.043,
which authorizes the commission
to establish a fee for a
bait-shrimp dealer's license; §77.048,
which authorizes the commission
to establish a fee for an
individual bait-shrimp trawl; §77.115,
which authorizes the commission
to establish a fee for a
transfer of a commercial
bay or bait shrimp boat
license;

Chapter 78: §78.002,
which authorizes the commission
to establish a fee for a
resident or nonresident
commercial mussel and clam
fisherman's license; §78.003,
which authorizes the commission
to establish a fee for a
resident or nonresident
shell buyer's license; §78.004,
which authorizes the commission
to establish a fee for the
export of mussels or clams
or mussel or clam shells; §78.105,
which authorizes the commission
to establish a fee for a
crab boat license; §78.109,
which authorizes the commission
to establish a fee for a
transfer of a license issued
under Chapter 78;

Chapter 81: §81.403,
which authorizes the commission
to establish a fee for a
permit for the hunting of
wildlife or for any other
use in wildlife management
areas;

Chapter 86: §86.007,
which authorizes the commission
to establish a fee for processing
notifications of proposed
activities governed by Chapter
86 and for payment for substrate
materials;

Chapter 88: §88.006,
which authorizes the commission
to establish a fee for a
permit to collect endangered,
threatened, or protected
native plants for commercial
purposes

§53.1.
Applicability. Except
for the fees established
in Chapter 59 of this title
(relating to Parks) and
Chapter 69, Subchapter H,
of this title (relating
to Issuance of Marl, Sand,
and Gravel Permits), the
fees established by this
chapter prevail over all
other chapters in this title.

(a) Hunting license possession.
A person may hunt species
other than deer or turkey
in this state without having
a valid hunting license
in immediate possession
if that person has acquired
a license electronically
(including by telephone)
and has a valid authorization
number in his possession.
Authorization numbers shall
only be valid for 20 days
from date of purchase.

(b) Fishing license possession.

(1) A person may fish
in this state without having
a valid fishing license
in immediate possession
if that person:

(A) is exempt from holding
a fishing license; or

(B) has acquired a license
electronically (including
by telephone) and has a
valid authorization number
in possession. Authorization
numbers shall only be valid
for 20 days from date of
purchase.

(2) No person may catch
and retain a red drum over
28 inches in length in the
coastal waters of this state
without having a valid fishing
license, saltwater sportfishing
stamp, and red drum tag
in immediate possession.

(c) Issuance of licenses
and stamps electronically
(including by telephone).

(1) A person may acquire
recreational hunting and/or
fishing licenses electronically
(including by telephone)
from the department or its
designated representatives
by agreeing to pay a convenience
fee of up to $5 per license
in addition to the normal
license fee.

(2) A person may acquire
recreational hunting and/or
fishing stamps electronically
(including by telephone)
from the department or its
designated representatives
by agreeing to pay a convenience
fee of up to $5 per stamp
order in addition to the
normal stamp fee(s). This
fee shall not be charged
if a license is acquired
during the same transaction.

(d) The following categories
of persons are exempt from
fishing license requirements
and fees:

(1) residents under 17
years of age;

(2) non-residents under
17 years of age;

(3) non-residents 65 years
of age or older who are
residents of Louisiana and
who possess a Louisiana
recreational fishing license;

(4) non-residents 64 years
of age or older who are
residents of Oklahoma;

(5) persons who hold valid
Louisiana non-resident fishing
licenses while fishing on
all waters inland from a
line across Sabine Pass
between Texas Point and
Louisiana Point that form
a common boundary between
Texas and Louisiana if the
State of Louisiana allows
a reciprocal privilege to
persons who hold valid Texas
annual or temporary non-resident
fishing licenses; and

(6) residents of Louisiana
who meet the licensing requirements
of their state while fishing
on all waters inland from
a line across Sabine Pass
between Texas Point and
Louisiana Point that form
a common boundary between
Texas and Louisiana if the
State of Louisiana allows
a reciprocal privilege to
Texas residents who hold
valid Texas fishing licenses.

(e) An administrative
fee of $3 shall be charged
for replacement of lost
or destroyed licenses, stamps,
or permits. This fee shall
not be charged for items
which have a fee for duplicates
otherwise prescribed by
rule or statute.

§53.3.
Combination Hunting
and Fishing License
Packages. Combination
hunting and fishing
license packages may
be priced at an amount
less than the sum of the
license and stamp prices
of the individual licenses
and stamps included in the
package.

(b) Special provision.
A nonresident designated
by proclamation of the governor
to be an Honorary Citizen
for the purpose of buying
a lifetime license is a
resident for the purpose
of purchasing a lifetime
license.

§53.5.
Recreational Hunting
Licenses, Stamps, and
Tags.

(a) Hunting licenses:

(1) resident hunting--$23;

(2) special resident hunting--$6.
Valid for residents under
17 years of age, residents
who are 65 years of age
or older, and nonresident
hunters who are under 17
years of age on the date
of license purchase;

(3) replacement hunting--$10;

(4) general nonresident
hunting--$300;

(5) nonresident special
hunting--$125;

(6) nonresident five-day
special hunting--$45;

(7) nonresident spring
turkey hunting--$120; and

(8) nonresident banded
bird hunting--$25.

(b) Hunting stamps and
tags:

(1) turkey--$5;

(2) white-winged dove--$7;

(3) archery hunting--$7;

(4) state waterfowl--$7;
and

(5) bonus deer tag---$10.

§53.6.
Recreational Fishing
Licenses, Stamps, and
Tags.

(a) The items listed in
this subsection are sold
only as part of a package.
The price and terms of these
items are as follows:

(1) resident fishing license--$23

(2) special resident fishing
license--$6

(3) “year-from-purchase” resident
fishing license--$30. The “Year-from-purchase” resident
fishing license is valid
from the date of purchase
through the end of the purchase
month of the subsequent
year.

(4) July and August resident
fishing license-- $20. The
July and August resident
fishing license is valid
from the first day of July
through the last day of
August for the license year
of purchase.

(5) day resident
fishing license--$6 to
$8. The day resident license
is valid within a license
year for the specified
days of the resident “day plus” package
within which it is sold.

(6) non-resident fishing
license--$50

(7) day non-resident
fishing license--$12 to
$15. The day non-resident
license is valid within
a license year for the
specified days of the
non-resident “day
plus” package within
which it is sold.

(b) The items listed in
this subsection may be sold
individually or as part
of a package. Stamps sold
individually shall be valid
from the date of purchase
or the start date of the
license year, whichever
is later, through the last
day of the license year.
Stamps sold as part of a
fishing package shall be
valid for the same time
period as the license included
in the package as specified
in this rule. The price
of these stamps are as follows:

(1) freshwater fishing
stamp--$5; and

(2) saltwater sportfishing
stamp --$7 plus a saltwater
sport fishing stamp surcharge
of $3 (surcharge to be effective
until September 1, 2005).
A red drum tag shall be
issued at no additional
charge with each saltwater
sportfishing stamp.

(c) Fishing packages and
licenses. The price of any
fishing package shall be
the sum of the price of
the individual items included
in the package.

(8) July and August resident
freshwater fishing package--$25.
Package consists of a July
and August resident fishing
license and a freshwater
fishing stamp.

(9) July and August resident
saltwater fishing package
--$30. Package consists
of a July and August resident
fishing license and a saltwater
sportfishing stamp with
a red drum tag.

(10) July and
August resident “all
water” fishing package--$35.
Package consists of a July
and August resident fishing
license, a freshwater fishing
stamp, and a saltwater sportfishing
stamp with a red drum tag.

(11) resident
freshwater fishing “day plus” package--$11
to $13 for the first day
plus $2-$4 for each additional
consecutive day. Package
consists of a day resident
fishing license and a freshwater
fishing stamp, valid for
the number of days purchased.
Any purchaser who has previously
purchased this package within
the license year may repurchase
this package at $6 to $8
for the first day plus $2
to $4 for each additional
consecutive day. The privileges
of the stamp shall be extended
to the holder for the term
of the subsequent purchase
of this package.

(12) resident
saltwater fishing “day plus” package--$16
to $18 for the first day
plus $2-$4 for each additional
consecutive day. Package
consists of a day resident
fishing license and a saltwater
sportfishing stamp with
a red drum tag, valid for
the number of days purchased.
Any purchaser who has previously
purchased this package within
the license year may repurchase
this package at $6 to $8
for the first day plus $2-$4
for each additional consecutive
day. The privileges of the
stamp shall be extended
to the holder for the term
of the subsequent purchase
of this package.

(13) resident
all water fishing “day plus” package--$21
to $23 for the first day
plus $2 to $4 for each additional
consecutive day. Package
consists of a day resident
fishing license, a freshwater
fishing stamp, and a saltwater
sportfishing stamp with
a red drum tag, valid for
the number of days purchased.
Any purchaser who has previously
purchased this package within
the license year may repurchase
this package at $6 to $8
for the first day plus $2
to $4 for each additional
consecutive day. The privileges
of the stamps shall be extended
to the holder for the term
of the subsequent purchase
of this package.

(17) non-resident
freshwater fishing “day plus” package--$17
to $20 for the first day
plus $5-$8 for each additional
consecutive day. Package
consists of a day non-resident
fishing license and a freshwater
fishing stamp, valid for
the number of days purchased.
Any purchaser who has previously
purchased this package within
the license year may repurchase
this package at $12 to $15
for the first day plus $5
to $8 for each additional
consecutive day. The privileges
of the stamp shall be extended
to the holder for the term
of the subsequent purchase
of this package.

(18) non-resident
saltwater fishing “day plus” package--$22
to $25 for the first day
plus $5 to $8 for each additional
consecutive day. Package
consists of a day non-resident
fishing license and a saltwater
sportfishing stamp with
a red drum tag, valid for
the number of days purchased.
Any purchaser who has previously
purchased this package within
the license year may repurchase
this package at $12 to $15
for the first day plus $5
to $8 for each additional
consecutive day. The privileges
of the stamp shall be extended
to the holder for the term
of the subsequent purchase
of this package.

(19) non-resident
all water fishing “day
plus” package--$27
to $30 for the first day
plus $5 to $8 for each additional
consecutive day. Package
consists of a day non-resident
fishing license, a freshwater
fishing stamp, and a saltwater
sportfishing stamp with
a red drum tag, valid for
the number of days purchased.
Any purchaser who has previously
purchased this package within
the license year may repurchase
this package at $12 to $15
for the first day plus $5
to $8 for each additional
consecutive day. The privileges
of the stamp shall be extended
to the holder for the term
of the subsequent purchase
of this package.

(20) Lake Texoma fishing
license--$12. Holders of
a valid Lake Texoma License
are exempt from freshwater
fishing stamp requirements
solely for the purpose of
fishing on Lake Texoma;
and

(21) Replacement fishing
package or license--$10.

(d) Fishing tags:

(1) exempt angler red
drum tag--$3. Provides a
red drum tag for persons
that are exempt from the
purchase of a resident or
non-resident fishing license
of any type or duration;

(2) bonus red drum tag--$0.
Available only to anglers
presenting a fully executed
original or duplicate red
drum tag, a valid fishing
package or license and the
required information;

(c) Application fee. The
following fee amounts apply
only to persons 17 years
of age or older. The non-refundable
application fee for individuals
applying for computer-selected
participant hunting opportunities
is:

(1) $3 per applicant for
participation in drawings
for supervised hunts;

(2) $10 per applicant
for participation in drawings
for guided hunts and management
deer hunts on private lands
leased by the department;
and

(3) $10 per entry for
participation in drawings
for Big Time Texas Hunts.

(d) Competitive hunting
dog field trial permit fees:

(1) 10 or less participants--$100
per day;

(2) 11-25 participants--$200
per day;

(3) 26-50 participants--$300
per day;

(4) 51-75 participants--$400
per day; and

(5) 76 or more participants--$500
per day.

§53.11.
Commercial Hunting Licenses
and Permits.

(a) hunting lease (less
than 500 acres)--$75;

(b) hunting lease (more
than 500 acres and less
than 1,000 acres)--$140;

(B) Transfers to heirs.
A license may be transferred
to an heir or devisee of
the deceased holder of the
commercial finfish license,
but only if the heir or
devisee is a person who
in the absence of a will
would be entitled to all
or a portion of the deceased's
property.

(i) resident commercial
finfish fisherman's--$10;
and

(ii) nonresident commercial
finfish fisherman's--$10.

(3) Duplicate display
licenses.

(A) resident commercial
finfish fisherman's--$25;
and

(B) nonresident commercial
finfish fisherman's--$25.

§53.13.
Business License and
Permits (Fishing).

(a) Licenses.

(1) retail fish dealer's--$84;

(2) retail fish dealer's
truck--$156;

(3) wholesale fish dealer's--$750;

(4) wholesale fish dealer's
truck--$510;

(5) bait dealer's--individual--$36;

(6) bait dealer-place
of business/building--$36;

(7) bait dealer-place
of business/motor vehicle--$36;

(8) bait shrimp dealer's--$204;

(9) finfish import--$90;
and

(10) resident fishing
guide--

(A) for use in both saltwater
and freshwater--$200; and

(B) for use in freshwater
only--$125.

(11) non-resident fishing
guide:

(A) for use in both saltwater
and freshwater--$200. This
fee is $1,000 for the license
year beginning September
1, 2004 and thereafter.

(2) certified history
report of ownership for
vessel or outboard motor-
$10;

(3) accident/water fatality
report up to five pages
in length-$5; and

(4) accident/water fatality
report over five pages in
length- $10

This agency hereby

Issued in Austin, Texas,
on

The new rule is proposed
under Parks and Wildlife
Code, §11.027, which
authorizes the commission
to establish a fee for entering,
reserving, or using a facility
or property owned or managed
by the department.

The proposed new rule
affects Parks and Wildlife
Code, Chapter 11.

§53.30.
Facility Admission and
Use Fees. As determined
by the executive director,
the department may charge
entrance and facility
use fees within the ranges
established or the amounts
specified in this section.

(1) Texas Freshwater Fisheries
Center.

(A) The department may
charge entrance fees, not
to exceed $6 for daily entrance,
and $15 for an annual pass.

(B) The executive director,
or his designee, may:

(i) establish additional
entrance requirements for
student groups and teachers
as necessary, to enhance
student utilization of the
center; and

(ii) waive fee requirements
when such a waiver is in
the best interest of the
public or the department.

(C) Rental and use fees
for meeting/convention room
rental--$0 to $500.

(2) Sea Center Texas.

(A) daily entrance--$0
to $5; and

(B) annual pass--$0 to
$20.

(3) Old Tunnel Wildlife
Management Area. Entrance
fees:

(A) visitors under five
years of age--free

(B) visitors 6-16 years
of age--$2 to $5;

(C) visitors over 16 years
of age--$5 to $10;

(D) visitors 65 years
of age and over--$3 to $5;

(E) group tours--$75 to
$90; and

(F) youth group tours--$40
to $50.

(4) Mason Mountain Wildlife
Management Area.

(A) bunk (per night) -
$20 to $24;

(B) room (per night) -
$60 to $72; and

(C) Big House rental (per
day)--$300 to $360/day.

(5) Parrie Haynes Youth
ranch.

(A) lodging--$10 to $50
per night;

(B) meals--$21 to $48
per day;

(C) hill-top rental--$1,000
to $5,000 per day;

(D) Mountain King--$150
to $200 per night;

(E) Big House--$250 to
$600 per night;

(F) equine area--$10 to
$12 per day; and

(G) equine area club house--$125
to $150 per day.

This proposal has been

Issued in Austin, Texas,
on

The new rule is proposed
under the authority of Parks
and Wildlife Code, §31.121,
which requires the commission
to establish and collect
a fee to recover the administrative
costs associated with the
certification of marine
safety enforcement officers,
and §62.014, which
authorizes the commission
to impose a fee not to exceed
$15 to defray administrative
costs of implementing hunter
education courses.

The proposed new rule
affects Parks and Wildlife
Code, Chapters 31 and 62.

§53.50.
Training and Certification
Fees.

(a) Marine safety enforcement
training and certification
fees.

(1) The fee for certification
as a marine safety enforcement
officer is $25.

(2) The fee for certification
as a marine safety enforcement
officer instructor is

$25.

(b) Hunter education fees.

(1) The registration fee
for a hunter education course
is $10, of which $5 may
be directly retained by
a volunteer instructor.

(2) The fee for a deferred
hunter education option
is $10; however, at the
time a person who has used
a deferred hunter education
option chooses to enroll
in a hunter education course,
that person shall pay a
$5 registration fee to be
directly retained by the
volunteer instructor.

The proposal has been

Issued in Austin, Texas,
on

The new rules are proposed
under the authority of Parks
and Wildlife Code, §11.056,
which authorizes the commission
to establish the price of
a wildlife art decal or
stamp or editions of stamps
and decals; §43.012,
which authorizes the commission
to issue a white-winged
dove stamp in a form and
manner prescribed by the
department, to provide for
identification, possession,
and exemption requirements,
and to establish a fee; §43.201,
which authorizes the commission
to issue an archery stamp
in a form and manner prescribed
by the department, to provide
for identification, possession,
and exemption requirements,
and to establish a fee; §43.202,
which authorizes the commission
to establish a fee for an
archery stamp; §43.252,
which authorizes the commission
to issue a turkey stamp
in a form and manner prescribed
by the department, and to
provide for identification,
possession, and exemption
requirements; §43.303,
which authorizes the commission
to issue a waterfowl stamp
in a form and manner prescribed
by the department, to provide
for identification, possession,
and exemption requirements,
and to establish a fee; §43.403,
which authorizes the commission
to issue a saltwater sportfishing
stamp in a form and manner
prescribed by the department,
to provide for identification,
possession, and exemption
requirements, and to establish
a fee; and §43.804,
which authorizes the commission
to issue a freshwater fishing
stamp in a form and manner
prescribed by the department,
to provide for identification,
possession, and exemption
requirements, and to establish
a fee.

The proposed new rules
affect Parks and Wildlife
Code, Chapters 11 and 43.

(b) Stamp Design. An artist's
original rendition will
be the basic design. Stamps
issued by an automated system
may be an alternate design
as prescribed by the executive
director.

(c) Stamp Manner of Issuance.
The stamp will be issued
upon payment of the prescribed
fee in a manner determined
by the executive director.

(d) Stamp Purchase Identification
and Possession Requirements.

(1) A person may hunt
without a required state
hunting stamp in immediate
possession if the person
has acquired a stamp electronically
(including by telephone)
and has a valid authorization
number in possession. Authorization
numbers shall only be valid
for 20 days from purchase
date.

(2) A person may fish
without a required fishing
stamp in immediate possession
if the person has acquired
a stamp electronically (including
by telephone) and has a
valid authorization number
in possession. Authorization
numbers shall only be valid
for 20 days from purchase
date.

(3) A state hunting or
fishing stamp issued in
an automated manner to a
person using the stamp is
valid for hunting or fishing
purposes without the user's
signature on its face.

(e) Stamp Exemptions.

(1) The commission grants
the executive director authority
to exempt persons participating
in any event organized for
the primary purpose of promoting
participation in fishing
or hunting activities from
the requirement to purchase
or possess the following
stamps:

(A) white-winged dove
stamp;

(B) archery hunting stamp;

(C) turkey stamp;

(D) state waterfowl stamp;

(E) saltwater sportfishing
stamp; and

(F) freshwater fishing
stamp.

(2) All nonresident spring
turkey hunting license holders
are exempt from requirements
for acquisition and possession
of the turkey stamp.

(3) Special resident hunting
license holders who are
under 17 years of age on
the date of license purchase
and all lifetime resident
hunting license holders
are exempt from requirements
for acquisition and possession
of the following stamps:

(A) white-winged dove
stamp;

(B) turkey stamp;

(C) archery hunting stamp;
and

(D) state waterfowl stamp;

(4) All lifetime resident
combination hunting and
fishing license holders
are exempt from requirements
for acquisition and possession
of the following stamps:

(A) white-winged dove
stamp;

(B) turkey stamp;

(C) archery hunting stamp;

(D) state waterfowl stamp;

(E) saltwater sportfishing
stamp; and

(F) freshwater fishing
stamp.

(5) All lifetime resident
fishing license holders
are exempt from requirements
for acquisition and possession
of the following stamps;

(A) saltwater sportfishing
stamp;

(B) freshwater fishing
stamp.

(6) All persons
meeting the definition
of a qualified disabled
veteran under the provisions
of Parks and Wildlife
Code, §42.012(c),
are exempt from the fees
for the following stamps:

(A) state waterfowl;

(B) turkey;

(C) white-winged dove;

(D) archery;

(E) saltwater fishing;
and

(F) freshwater fishing.

(f) Obsolete Stamps and
Decals. An obsolete stamp
is a stamp that is not valid.

(1) Obsolete stamps and
decals shall be sold for
informational purposes,
either at an established
fee for collector's edition
stamp package, or at face
value for individual stamps,
plus a processing charge
sufficient to recover shipment,
postage, and sales tax.

(2) Stamps and decals
shall remain on sale for
a maximum of one fiscal
year after expiration. During
the second year, obsolete
stamps and decals shall
be sold only by book.

(3) Previous issues of
Nongame and Endangered Species
stamps may be made available
for sale at $10 for individual
stamps or decals, and $75
or less for a complete set
of the 11 stamps issued
from 1985 through 1995.
The department may sell
a limited number of collector's
sets of the 11 stamps issued
from 1985 through 1995,
framed and mounted, for
$300 or less per set. The
department may add to this
price a processing charge
sufficient to recover shipment,
postage, and sales tax.
The Department may give
away earlier issues of decals
and use previously issued
stamps in merchandise items
that are offered for sale
or as promotional items.

(g) Nongame and Endangered
Species stamps issued during
and after 1996 are one of
seven stamps issued as collectors
series set and are subject
to the same rules as other
obsolete stamps.

(1) The executive director
may maintain a limited number
of stamps and decals of
each type and year.

(2) All other obsolete
stamps and decals shall
be destroyed.

(h) Collector's edition
stamp package.

(1) A collector's edition
stamp package shall consist
of one each of the following
stamps:

(i) In addition to the
freshwater fishing stamp,
the department may make
available a collectible
freshwater habitat stamp
for a fee of $5.

This agency hereby

Issued in

The new rule is proposed
under the authority of Parks
and Wildlife Code, §12.702,
which authorizes the commission
to establish collection
and issuance fees for license
deputies to sell licenses,
stamps, tags, permits, or
other similar item issued
under any chapter the code,
and §31.006, which
authorizes the department
to authorize a dealer who
holds a dealer's or manufacturer's
number to act as the agent
of the department under
Subchapter B of this chapter
and under Chapter 160, Tax
Code, for the issuance of
certificates of number and
the collection of fees and
taxes for boats sold by
that dealer

The proposed new rule
affects Parks and Wildlife
Code, Chapters 12 and 31.

§53.
70. License Deputies and
Vessel Registration Agents.

(a) License deputy collection
and issuance amounts shall
be as negotiated with license
deputies and shall not exceed
5.0% of the selling price
of each item.

(b) A licensed marine
dealer is appointed as an
authorized agent for the
department when forms, prescribed
by the executive director,
have been properly executed
and received by the Texas
Parks and Wildlife Department.
Such forms may include,
but are not limited to,
the following:

(1) agent application;

(2) public official bond;
or

(3) agent agreement.

This agency hereby

Issued in

The new rule is proposed
under the authority of Parks
and Wildlife Code, §47.007,
which authorizes the commission
to establish a fee for a
commercial fishing boat
license and number and rules
governing the issuance,
use, and display of commercial
fishing boat numbers

The proposed new rule
affects Parks and Wildlife
Code, Chapter 47.

§53.80. Composition
and Issuance. The commercial
fishing boat number will
be on a display license
to be issued with the commercial
fishing boat license bearing
the same number in a manner
determined by the executive
director. The display license
will be of a design and
contain such additional
information as the executive
director may determine to
be necessary to identify
the boat as a commercial
fishing boat. In the event
of the loss or defacement
of a display license, the
licensee may obtain a duplicate
at the fees prescribed in §53.12
of this title (relating
to Commercial Fishing Licenses
and Tags).

This agency hereby

Issued in Austin, Texas,
on

The new rule is proposed
under Parks and Wildlife
Code, §31.032, which
authorizes the department
to prescribe the manner
in which identification
numbers and validation decals
are placed on a vessel and
authorizes the commission
to adopt rules for the placement
of validation decals for
antique boats

The proposed new rule
affects parks and Wildlife
Code, Chapter 31.

§53.90.
Display of Registration
Validation Sticker.

(a) Documented vessels
are required to display
the registration validation
sticker on both sides of
the bow and maintain current
documentation through the
United States Coast Guard
or display the state-assigned
TX numbering series with
the decal. Commercial vessels
used in coastal shipping
and vessels exceeding 115
feet in length are exempt
from registration requirements.

(b) Vessels registered
as antique boats are permitted
to display the registration
validation sticker on the
left portion of the windshield.
In the absence of a windshield,
the registration validation
sticker must be attached
to the certificate of number
and made available for inspection
when the boat is operated
on public water.

This agency hereby certifies

Issued in Austin, Texas
on

The new rule is proposed
under §31.0465, which
authorizes the commission
to define by rule what constitutes
an acceptable situation
in which certificates of
title may be issued after
the filing of a bond.

The proposed new rule
affects Parks and Wildlife
Code, Chapter 31.

§53.100. Bonded Title—Acceptable
Situations.

(a) A bonded
title situation exists
when complete documentation
cannot be provided or obtained
by an applicant requesting
title, registration or ownership
transfer of a vessel or
outboard motor. The applicant
may appeal the department's
refusal to issue a certificate
of title by applying for
consideration of a bonded
title. The department will
accept applications for
bonded title as provided
in Parks and Wildlife Code, §31.0465.

(b) Bonded titles may
be used in situations where
the applicant is unable
to produce complete documentation
required by the department
in order to title or transfer
ownership of a vessel or
outboard motor. Acceptable
situations regarding the
filing and award of a bonded
title situation will apply
where a complete history
of ownership for a vessel
or outboard motor cannot
be produced by the applicant
and the department has determined
that the customer is unable
to provide the history due
to the inability to locate
the previous owners. Missing
ownership documentation
may consist of a certificate
of title, bill of sale,
invoice, or tax affidavit
signed by the owner of record,
or authority to handle a
deceased person's estate.
The inability to locate
previous owners must be
evidenced by proof of returned
certified mail or by the
lack of any known addresses
for a previous owner.

(c) The department shall
not under any circumstances
issue a bonded title if
the applicant does not have
any proof of payment, ownership
transfer or other related
documentation to support
a claim of ownership.

This agency hereby

Issued in Austin, Texas,
on

The new rule is proposed
under Parks and Wildlife
Code, §31.006,which
authorizes the commission
to adopt rules for the creation
of a program for the continuing
identification and classification
of participants in the vessel
and outboard motor industries
doing business in this state,
including fees; §31.0412,
which authorizes the commission
to adopt rules regarding
dealer’s, distributor’s,
and manufacturer’s
licenses, including transfer
procedures, application
forms, application and renewal
procedures, and reporting
and recordkeeping requirements;
and §31.039 which authorizes
the commission to charge
a fee for access to ownership
and other records.

The proposed new rule
affects Parks and Wildlife
Code, Chapter 31.

§53.110.
Marine Dealer, Distributors,
and Manufacturers.

(a) The following words
and terms, when used in
this subchapter shall have
the following meanings,
unless the context clearly
indicates otherwise. Consignment--The
sale or offer for sale by
a person other than the
owner under terms of a verbal
or written authorization
from the owner.

(b) A person shall apply
for a license as a dealer
by submitting a properly
completed, department-approved
application form, accompanied
by the following:

(1) the fee prescribed
by law for each license
requested;

(2) photographs clearly
showing:

(A) the permanent sign
clearly indicating the name
of the business;

(B) the front of the business
with public access; and

(C) space sufficient for
office, service area, and
display of products;

(3) a copy of the Tax
Permit issued by the Comptroller
under Chapter 151, Tax Code;

(4) verification of all
assumed name(s), if applicable,
in the form of assumed name
certificate(s) on file with
the Secretary of State or
county clerk;

(5) a photocopy of the
current driver's license
or Department of Public
Safety identification of
the owner, president or
managing partner of the
business; and

(6) a list of dealer agreements.

(c) A person shall apply
for a license as a distributor
or manufacturer by submitting
a properly completed, department-approved
application form accompanied
by the following:

(1) the fee prescribed
by law for each license
requested;

(2) verification of all
assumed name(s), if applicable,
in the form of assumed name
certificate(s) on file with
the Secretary of State or
county clerk;

(3) a complete list of
manufacturers represented
by a distributorship; and

(4) a complete list of
distributors, dealers, and
manufacturers.

(d) The department may
issue a license under this
subchapter if:

(1) the applicant submits
a complete application form
and required attachments;
and

(2) the applicant signs
a department-provided affidavit
stating full compliance
with state law including
Occupation Code, Chapter
2352, concerning Franchise
Agreements, when required.

(e) A license holder shall
notify the department in
writing within 10 days if
there is any change of:

(1) ownership;

(2) business name;

(3) physical location;

(4) dealer agreement;

(5) distributors, dealers,
or representatives; or

(6) address or phone information.

(f) The licenses issued
under this subchapter to
dealers must be publicly
displayed at all times in
the place of business.

(g) A license holder must
keep a complete record available
for inspection in the place
of business relating to
all vessels, motorboats,
and outboard motors purchased,
sold, or displayed for sale
for a minimum of 24 months.
Content of records must
include the:

(1) date of purchase;

(2) date of sale;

(3) hull identification
number and/or motor identification
number;

(4) name and address of
person selling to the dealer;

(5) name and address of
person purchasing from the
dealer;

(6) name and address of
selling dealer or individual
if vessel and/or outboard
motor is offered for sale
by consignment;

(7) a copy of the vessel/outboard
motor title/registration
receipt;

(8) copies of any and
all documents, forms, and
agreements applicable to
a particular sale, including,
but not limited to title
applications, work-up sheets,
Manufacturer's Certificates
of Origin, titles or photocopies
of the front and back of
titles, factory invoices,
sales contracts, retail
installment agreements,
buyer's orders, bills of
sale, waivers, or other
agreements between the seller
and purchaser; and

(9) copies of written
consignment agreements or
power of attorney for vessels,
motorboats, or outboard
motors.

The agency hereby

Issued in

The new rule is proposed
under Parks and Wildlife
Code, §12.703, which
requires the commission
to specify standards for
licenses issued by an electronic
point-of-sale system, including
the legibility of the licenses.

The proposed new rule
affects Parks and Wildlife
Code, Chapter 12.

§53.120. License
Format and Legibility. The
provisions of this section
apply only to licenses sold
through the department’s
electronic point-of-sale
system and do not apply
to licenses sold directly
via the Internet for printing
by the customer.

(1) Except as provided
in this section, all licenses
issued by the department
or an agent of the department
will conform to format requirements
established by the department
for a given license year.

(2) In negotiating contract
provisions regarding the
license sales system, the
department will consider
the following guidelines
regarding license format
and legibility:

(A) Licenses issued by
the department or an agent
of the department should
be:

(i) printed on durable
paper (or plastic);

(ii) waterproof;

(iii) tear resistant;
and

(iv) printed in a fashion
that renders the text indelible.

(B) License print should
be:

(i) a size that is reasonable,
within the constraints of
the overall size of the
license;

(ii) in no case a font
size less than 6pt; and

(iii) a color that contrasts
with the background.

(C) Information on the
license, including tags,
will be presented in a consistent
and orderly manner and will
meet any Texas statutory
requirement and/or Texas
Parks and Wildlife Commission
regulation.

(D) The executive director
may waive the provisions
of this section singly or
entirely in the event that
unforeseeable circumstances
or emergencies make it impractical
to comply without jeopardizing
the ability of the public
to purchase and immediately
enjoy the privileges of
licensure.

Disclosure
of Customer Information
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife
Department proposes new §§51.300-51.306,
concerning the disclosure
of customer information.

The proposed new sections
are necessary to implement
Texas Parks and Wildlife
Code, §11.030(c), which
requires the Texas Parks
and Wildlife Commission
to adopt policies by rule
relating to: (1) the release
of customer information;
(2) the use of the customer
information by the department;
and (3) the sale of a mailing
list consisting of the names
and addresses of persons
who purchase customer products,
licenses, or services” from
the department. Section
11.030(c) requires that
the policies adopted by
the commission include “a
method for a person by request
to exclude information about
the person from a mailing
list sold by the department.” Section
11.030 was previously implemented
as 31 TAC §53.35, which
is being repealed in a rulemaking
published elsewhere in this
issue.

Pursuant to Parks and
Wildlife Code, §11.030(b),
the department’s customer
information is not subject
to the provisions of the
Texas Public Information
Act (PIA), Texas Government
Code, Chapter 552. The Office
of the Texas Attorney General
has confirmed in several
informal letter rulings
that department customer
information is not subject
to the PIA. See, Tex. Att’y
Gen OR2003-2513 (2003);
OR2002-6599 (2002); OR2002-5890
(2002); OR2002-0479 (2002).

In carrying out its mission,
the department collects
and maintains information
about a variety of customers
who purchase a product,
license, permit or service
from the department. The
proposed rule is intended
to establish requirements
for the department’s
handling of certain information
about department customers.
Under the proposed rule,
the handling of a customer’s
name, address and telephone
number (referred to collectively
herein as “customer
information”) is determined
by the type of customer
to which the information
relates. Within the category
of customer information,
the proposed rule identifies
and defines the following
types of customer information:
recreational customer information,
intended to primarily address
customer information about
recreational customers;
commercial customer information,
intended to primarily address
customer information about
individuals who are purchasers
of commercial licenses or
permits; boat customer information,
intended to address customer
information related to the
titling or registration
of vessels and motors, as
well as the licensing of
marine dealers; magazine
customer information, intended
to address customer information
about customers of the Texas
Parks and Wildlife Magazine;
and confidential customer
information, intended to
address any type of customer
information that is confidential
by law. Under the proposed
new rules, the department’s
executive director will
identify the information
that is included within
each category of customer
information addressed in
the proposed rules.

The proposed new rules
also addresses “personal
information,” which
is defined as a social security
number, drivers' license
number, bank account number,
credit card number, or charge
card number of a department
customer. Because of the
potential for identity theft
and misuse, under the proposed
new rules, except in certain
specified situations, the
department will not disclose
a customer’s personal
information. Also, maintaining
the confidentiality of such
information is consistent
with other law regarding
such information. See, e.g.,
Tex. Gov’t Code §552.024(a), §552.117, §552.136;
42 U.S.C. §405(c)(2)(C)(viii)
(I); Tex. Fam. Code §231.006, §231.302(e).
Tex. Occup. Code §56.001;
Tex. Fam. Code §231.302(e).

Under the proposed new
rules, except in certain
specified situations, recreational
customer information and
confidential customer information
will not be disclosed by
the department. However,
if a requestor provides
the name or other identifying
information for a recreational
customer, the department
will confirm certain information
about the customer. Alternatively,
except in certain specified
situations, magazine customer
information and commercial
customer information will
be disclosed by the department.
Although boat customer information
is defined by the proposed
new rules, the handling
of such information is dictated
by specific statutory and
regulatory provisions regarding
that boat customer information.
Also, under the proposed
rule, information about
a corporation, partnership
or other commercial entity
will be disclosed unless
otherwise prohibited by
law.

Included within the definition
of recreational customer
information in the proposed
new rules is information
regarding purchasers of
recreational hunting and
fishing licenses. The department’s
automated system for selling
hunting and fishing licenses
relies on driver’s
license data obtained from
the Texas Department of
Public Safety (DPS). Under
federal law and the Texas
Transportation Code, disclosure
of personal driver information
is prohibited, except for
specified purposes. Tex.
Trans. Code §730.004;
18 U.S.C. §2721(b).
Personal driver information
is “information that
identifies a person, including
an individual's photograph
or computerized image, social
security number, driver
identification number, name
and address. Tex. Trans.
Code §730.003(6); see,
also, 18 U.S.C. §2725(3),
(4).

Because the department
relies on the DPS driver’s
license database for the
department’s hunting
and fishing license system,
most information regarding
purchasers of recreational
hunting and fishing licenses
is confidential. The proposed
new rules merely confirm
the confidentiality of that
information. As authorized
by federal law and the Texas
Transportation Code, the
proposed new rules also
include a mechanism for
a recreational customer
to consent to a specific
disclosure of his or her
customer information or
personal information. It
should be noted that under
the proposed new rules,
information regarding purchasers
of recreational hunting
and fishing licenses would
be exempt from disclosure
as recreation customer information
and as confidential customer
information.

Also, under the proposed
new rules, information regarding
other types of recreational
customers is included in
the definition of recreational
customer information. Therefore,
the following types of customer
information would not be
disclosed, except in specified
situations: information
about a visitor to a state
park and other department
facilities; information
about a person who purchases
a state parks annual pass
or makes a reservations
at a park or other department
facility; and, a person
who purchases items or products
from the department.

The proposed new rules
also address information
regarding subscribers to
the Texas Parks and Wildlife
Magazine. Since 1942, department
(or the department’s
predecessor) has published
a magazine. A common practice
within the magazine industry
is to trade, sale or rent
subscriber lists to other
magazines or publications.
Therefore, the proposed
new rules authorize the
sale, trade or rent of subscriber
mailing lists. However,
the proposed new rules also
provides a mechanism by
which a magazine subscriber
can elect to have his or
her name removed from a
list that is otherwise disclosed.

The proposed new rules
recognize that there are
instances in which the department
may disclose information
that is not otherwise subject
to disclosure. As a result,
the rules authorize the
disclosure of such information
in specified situations,
including disclosure consented
to by the customer, disclosure
to another governmental
entity that agrees to maintain
the confidentiality of the
information, disclosure
pursuant to a subpoena,
disclosure that does not
identify the customer, and
disclosure otherwise required
by law.

The proposed new rules
also state that the department’s
executive director will
establish the amount to
be charged by the department
for providing information
under the rule. The executive
director is also charged
with establishing procedures
for processing requests
for information under the
rules.

Because certain landowner
information and information
about boat customers are
addressed separately in
the Texas Parks and Wildlife
Code, the proposed rules
expressly exclude such information
from the application of
the rules. Also, the proposed
rules provide that the department
will only collect and use
information as required
to carry out department
functions.

2. Fiscal Note.

Ann Bright, General Counsel,
has determined that for
each of the first five years
the rules as proposed are
in effect, there will be
no fiscal implications to
state or local government
as a result of enforcing
or administering the rules
beyond those currently existing.

3. Public Benefit - Cost
Note.

Ms. Bright has also determined
that for each of the first
five years the rules as
proposed are in effect:

(A) The public benefit
anticipated as a result
of enforcing or administering
the rules as proposed will
be clarification of the
types of customer information
that is available to the
public.

(B) The proposed new rules
will result in no increase
or other direct cost on
small or microbusinesses,
or to persons required to
comply with the rule as
proposed.

(C) The department has
not filed a local impact
statement with the Texas
Workforce Commission as
required by the Administrative
Procedures Act, §2001.022,
as the agency has determined
that the rules as proposed
will not impact local economies.

(D) The department has
determined that there will
not be a taking of private
real property, as defined
by Government Code, Chapter
2007, as a result of the
proposed rules.

(E) The department has
determined that Government
Code, §2001.0225 (Regulatory
Analysis of Major Environmental
Rules) does not apply to
the proposed rules.

4. Request for Public Comment.

Comments on the proposed
rules may be submitted by
phone, written correspondence
or e-mail to Ann Bright,
Texas Parks and Wildlife
Department, 4200 Smith School
Road, Austin, Texas 78744;
(512) 389-8558; or ann.bright@tpwd.state.tx.us.

5. Statutory Authority.

The new rules are proposed
under the authority of Texas
Parks and Wildlife Code, §11.030.

The proposed new rules
affect Parks and Wildlife
Code, Chapter 11.

§51.300. Definitions.
The following words and
terms, when used in this
subchapter, shall have the
following meaning, unless
the context clearly indicates
otherwise.

(1) Boat customer information--customer
information regarding the
holder of or applicant for
a marine dealer license
or for a title or registration
issued by the department
for a vessel or motor.

(2) Commercial customer
information--customer information
regarding an individual
who is the holder of a commercial
fishing, hunting or other
commercial license issued
by the department. Commercial
customer information does
not include boat customer
information.

(4) Customer information--the
name, address and telephone
number of a department customer.
For purposes of this subchapter,
customer information does
not include personal information.

(5) Department customer--a
person who purchases a product,
license, permit or service
from the department. For
purposes of this subchapter,
a department customer does
not include a corporation,
partnership or other commercial
enterprise.

(6) Magazine customer
information--is customer
information about a person
who subscribes to the Texas
Parks and Wildlife Magazine.

(7) Mailing list--a list
containing the name and
address for more than one
department customer.

(8) Personal information--is
the social security, drivers'
license, bank account, credit
card, or charge card number
of a department customer.

(9) Recreational customer
information--customer information
about a person who purchases
a recreational product,
license, permit or service
from the department, including
but not limited to customer
information about the following:

(i) the holder of a recreational
hunting, fishing, or combination
license issued by department;

(ii) a visitor to a state
park or other department
facility, such as a wildlife
management area, the Texas
Freshwater Fisheries Center,
or Sea Center Texas;

(iii) a person who has
purchased a state parks
annual pass or made a reservation
at a park or other department
facility; or

(iv) a person who has
purchased an item or product
from the department.

(10) Requestor--a person
or entity seeking information
from the department about
a department customer.

§53.301. Duties of
the Department.

(a) The executive director
shall prepare and make available
a list of the types of information
maintained by the department
that are included in each
of the applicable categories
listed in §51.300 of
this title (relating to
Definitions).

(b) The department will
collect only that customer
information and personal
customer information required
to carry out department
functions.

(c) The department will
use customer information
and personal customer information
only as required to carry
out department functions.

§51.302. Applicability.

(a) In accordance with
Parks and Wildlife Code, §11.030,
the Texas Public Information
Act is inapplicable to customer
information and personal
customer information. The
department will handle customer
information and personal
customer information in
accordance with this subchapter.

(b) Nothing in this subchapter
shall apply to the handling
or disclosure of information
covered by Parks and Wildlife
Code, §12.0251 or §12.103.

(c) Nothing in this subchapter
shall apply to the handling
or disclosure of boat customer
information. The disclosure
of boat customer information
is governed by Parks and
Wildlife Code, §31.039
and §31.0391 and relevant
department regulations.

(d) This subchapter shall
apply to customer information
regardless of the form in
which the customer information
is maintained and shall
also apply to mailing lists.

§51.303. Disclosure
of Information.

(a) Except as provided
in this subchapter, the
department will not disclose
the following information,
unless otherwise required
by law:

(1) personal information;

(2) recreational customer
information; or

(3) confidential customer
information.

(b) Except as provided
in this subchapter, the
department will disclose,
sell, rent or trade the
following information, unless
the information is also
confidential customer information
or disclosure is otherwise
prohibited by law:

(1) Statistical data and
compilations of recreational
customer information may
be disclosed so long as
the information does not
reveal a specific department
customer or a department
customer’s address
or telephone number;

(2) Recreational customer
information, personal information
or confidential customer
may be disclosed to another
governmental body that agrees
to maintain the confidentiality
of the information.

(3) Recreational customer
information, personal information
or confidential customer
information may be disclosed
if the customer that is
the subject of the information
consents to a specific disclosure
in writing.

(4) Customer information
or personal information
may be disclosed pursuant
to a lawfully issued subpoena.

(b) If a requestor provides
a recreational customer’s
name or other identifying
information, the department
may verify information about
a recreational customer
as specified in this subsection;
however, the department
may require that the requestor
complete and submit a separate
written form for each recreational
customer about which the
department is requested
to verify information.

(1) The department may
verify whether a recreational
customer holds a specified
license or permit.

(2) The department may
verify whether a recreational
customer was a visitor to
a state park or other department
facility.

(3) The department may
verify whether a recreational
customer purchased a state
parks annual pass or made
a reservation at a park
or other department facility.

(4) The department may
verify whether a recreational
customer purchased an item
or product from the department.

(c) Information that is
rented under this subchapter
may be used by the requestor
no more than one time. The
department will take appropriate
steps to verify that rented
information is used no more
than one time.

(d) A commercial customer
or magazine customer may
elect to exclude his or
her customer information
from disclosure. In the
event that a commercial
customer or magazine customer
elects to exclude his or
her customer information
from disclosure, his or
her customer information
will be treated as confidential
information under this subchapter.

§51.305. Price.

(a) The rental or sales
price of customer information
that may be disclosed under
this subchapter will be
established by the executive
director or designee and
adjusted periodically. In
establishing the rental
or sales price, the executive
director shall take into
consideration the fair market
value of such information
and shall ensure that the
prices are sufficient to
recover the cost to the
department of providing
the information.

(b) Information provided
to another governmental
body pursuant to this subchapter
may be provided without
charge or at a reduced charge
if determined to be in the
best interest of the department.

(c) The department may
release customer information
without charge or at a reduced
fee when the executive director
or his or her designee deems
that release of such information
is in the best interest
of the state.

§51.306. Procedure.
The executive director will
develop and make available
procedures for requesting
customer information under
this subchapter.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.

Issued in Austin, Texas,
on

VENDOR PROTEST PROCEDURES
PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife
Department proposes new §51.350,
concerning the department’s
procedures for handling
vendor disputes. The new
section is substantively
identical to current 31
TAC §53.70, which is
being proposed for repeal
elsewhere in this issue
in order to move those provisions
out of Chapter 53 (Finance)
and into Chapter 51 (Executive),
as part of a reorganization
of Chapter 53. Therefore,
the ultimate effect is that
of an administrative transfer
of the rule from one chapter
to another.

The proposed new section
is necessary to provide
an opportunity to vendors
to administratively process
protests of department procedures
relating to purchasing issues,
and is required by the provisions
of Government Code, §2155.076,
which stipulates that each
state agency by rule shall
develop and adopt protest
procedures for resolving
vendor protests relating
to purchasing issues, and
that the rules must include
standards for maintaining
documentation about the
purchasing process to be
used in the event of a protest.

2. Fiscal Note.

Judy Doran, staff attorney,
has determined that for
each of the first five years
that the proposed new section
is in effect, there will
be no negative financial
implications to state or
local governments as a result
of enforcing or administering
the proposed new section.

3. Public Benefit/Cost
Note.

Ms. Doran also has determined
that for each of the first
five years the proposed
new section is in effect:

(A) The public benefit
anticipated as a result
of enforcing the rules as
proposed will be increased
vendor participation and
satisfaction with the consistency
and fairness of department
purchasing rules.

(B) The proposed new rule
will result in no costs
to small businesses or microbusinesses.
There is no economic cost
to persons required to comply
with the rule as proposed.

(C) The department has
not filed a local impact
statement with the Texas
Workforce Commission as
required by Government Code,
Section 2001.022, as this
agency has determined that
the rule as proposed will
not impact local economies.

(D) The department has
determined that there will
not be a taking of private
real property, as defined
by Government Code, Chapter
2007, as a result of the
proposed rule.

(E) The department has
determined that Government
Code, § 2001.0225 (Regulatory
Analysis of Major Environmental
Rules) does not apply to
the proposed rule.

The department does not
possess general rulemaking
authority; therefore, the
new section is proposed
under Government Code, §2155.076,
which requires the department
as a state agency to adopt
rules for resolving vendor
protests relating to purchasing
issues.

The new rule affects Government
Code, §2155.076.

§51.350. Vendor Protest
Procedures.

(a) Any actual or prospective
bidder, offeror, or contractor
who is aggrieved in connection
with the solicitation, evaluation,
or award of a contract may
formally protest to the
Director of Purchasing,
Payments, and Property.
Such protests must be in
writing and received in
the director's office within
ten working days after such
aggrieved person knows,
or should have known, of
the occurrence of the action
which is protested. Copies
of the protest must be mailed
or delivered by the protesting
party to the department
and other interested parties.
For the purpose of this
section "other interested
persons" means at least
all vendors who have submitted
bids or proposals for the
contract involved.

(b) If the vendor wants
the solicitation or the
award process to be terminated,
he must make that request
in his protest and state
the reasons for such termination
of the process. The director
will review such request
and, after consultation
with the issuing division
and the appropriate manager,
make a written determination
within three business days
of receipt of the request
to terminate from the vendor.

(c) A formal protest must
be sworn and contain:

(1) a specific identification
of the statutory or regulatory
provision(s) the action
complained of is alleged
to have violated;

(2) a specific description
of each act alleged to have
violated the statutory or

regulatory provision(s)
identified above;

(3) a precise statement
of the relevant facts;

(4) an identification
of the issue or issues to
be resolved;

(5) argument and authorities
in support of the protest;
and

(6) a statement that copies
of the protest have been
mailed or delivered to the
identifiable interested
parties.

(d) The director shall
have the authority, absent
a proper appeal to the executive
director of the department,
to settle and resolve the
dispute concerning the solicitation
or award of a contract.
The director may solicit
written responses to the
protest from other interested
parties.

(e) If the protest is
not resolved by mutual agreement,
the director will issue
a written determination
on the protest:

(1) if the director determines
that no violation of rules
or statutes has occurred
he shall so inform the protesting
party, and the other interested
parties by letter which
sets forth the reasons for
the determination; or

(2) if the director determines
that a violation of the
rules or statutes has occurred
in a case where a contract
has been awarded, he will
so inform the protesting
party and the other interested
parties by letter which
sets forth the reasons for
the determination, which
may include ordering the
contract void.

(f) The director's determination
on a protest may be appealed
by an interested party to
the executive director of
the department. An appeal
of the director's determination
must be in writing and must
be received in the executive
director's office no later
than ten working days after
the date of the director's
determination. The appeal
shall be limited to review
of the director's determination.
Copies of the appeal must
be mailed or delivered to
other interested parties
within ten working days
after the date of the director's
decision and must contain
a certification that such
copies have been provided
as directed in this section.

(g) The appropriate lawyer
for the agency must review
the protest, the director's
determination and the appeal
and prepare a written opinion
with recommendations to
the executive director.

(h) A decision issued
by the commission in open
meeting, or in writing by
the executive director,
shall be the final administrative
action of the department.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.

Issued in Austin, Texas,
on

INVESTMENT
OF LIFETIME LICENSE ENDOWMENT
FUND
PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife
Department proposes new §51.400,
concerning Investment of
the Lifetime License Endowment
Fund. The new section is
textually identical to current
31 TAC §53.9, which
is being proposed for repeal
elsewhere in this issue
in order to move those provisions
out of Chapter 53 (Finance)
and into Chapter 51 (Executive),
as part of a reorganization
of Chapter 53. Therefore,
the ultimate effect is that
of an administrative transfer
of the rule from one chapter
to another.

2. Fiscal Note.

Robert Macdonald, regulations
coordinator, has determined
that for each of the first
five years that the proposed
rule is in effect, there
are no cost or revenue implications
to state or local governments.

3. Public Benefit/Cost
Note.

Mr. Macdonald also has
determined that for each
of the first five years
the rule as proposed is
in effect:

(A) The public benefit
will be a uniform policy
for investment of the lifetime
license endowment fund,
which will ensure that the
fund is productively used
in the acquiring of public
hunting and fishing areas
and the development, management,
and repair of public hunting
and fishing areas.

(B) There will be no adverse
economic effects on small
businesses, microbusinesses,
or persons required to comply
with the rule as proposed.

(C) The department has
not drafted a local employment
impact statement under the
Administrative Procedures
Act, §2001.022, as
the agency has determined
that the rule as proposed
will not impact local economies.

(D) The department has
determined that there will
not be a taking of private
real property, as defined
by Government Code, Chapter
2007, as a result of the
proposed rule.

(E) The department has
determined that Government
Code, § 2001.0225 (Regulatory
Analysis of Major Environmental
Rules) does not apply to
the proposed rule.

The rule is proposed under
the authority of Parks and
Wildlife Code, §11.065,
which requires the commission
to adopt rules for the investment
of the lifetime license
endowment account.

The proposed rule affects
Parks and Wildlife Chapter
11.

§51.400. Investment
of Lifetime License Endowment
Fund. The Executive Director
is authorized to invest
the Lifetime License Endowment
Fund in accordance with
the investment policy approved
by the commission.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt